86th Congress, 2d Session House Document No. 459
CONSTITUTION
JEFFERSON'S MANUAL
AND
RULES OF THE HOUSE OF
REPRESENTATIVES
OF THE UNITED STATES
EIGHTY-SEVENTH CONGRESS
By
LEWIS DESCHLER, J.D., M.P.L., LL.D.
PARLIAMENTARIAN
UNITED STA1
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1961
Por sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. O. - Price $2.00 (paper cover)
HOUSE RESOLUTION NO. 644
IN THE HOUSE OF REPRESENTATIVES
September 1, 1960.
Resolved, That a revised edition of the Rules and Manual
of the House of Representatives for the Eighty-seventh Con-
gress be printed as a House document, and that one thousand
six hundred additional copies shall be printed and bound
for the use of the House of Representatives, of which seven
hundred copies shall be bound in leather with thumb index
and delivered as may be directed by the Parliamentarian
of the House for distribution to officers and Members of
Congress.
Attest:
RALPH R. ROBERTS,
Clerk.
PEEFACE
The parliamentary practice of the House of Representa-
tives emanates from four sources: First, the Constitution of
the United States; second, from Jefferson's Manual; third,
from the rules adopted by the House itself from the beginning
of its existence; and, fourth, from the decisions of the Speak-
ers of the House and from decisions of the Chairmen of the
Committee of the Whole.
In the early history of the House the membership of that
body frequently found it difficult to accomplish the purposes
upon which they had determined. The Constitution directed
the House to do certain things in a specified manner, and to
do things not set forth specifically it gave the House carte
blanche to make such rules as it thought necessary to carry
out the purposes of a legislative body. The early Congresses,
therefore, naturally borrowed from the English Parliament
many of its practices. In the years following, these practices
were adapted to meet the needs of our then youthful House.
Special needs of the House have caused some of the motions
adopted from the English system to lose their original form
and purpose. They have evolved into a distinctly American
system of procedure.
In the years from 1797 to 1801 Thomas Jefferson, then
Vice President of the United States and President of the
Senate, prepared the notable work which has come to be
known as Jefferson's Manual. This work contributed
greatly to the procedure of the House, although it was not
until 1837 that the House finally adopted a rule, which is
still in existence, permitting the provisions of the Manual "to
govern the House in all cases to which they are applicable/7
From the beginning of the First Congress the House has
formulated rules for its procedure. Some of them have
since gone out of existence. More of them have been ampli-
fied and broadened to meet the exigencies that have arisen
from time to time. Today they are perhaps the most
finely adjusted, scientifically balanced, and highly technical
[v]
PREFACE
rules of any parliamentary body in the world. Under them
a majority may work its will at all times in the face of the
most determined and vigorous opposition of a minority.
The rulings of the Speakers of the House and of the
Chairmen of the Committee of the Whole are to the rules of
the House what the decisions of the courts are to the statutes.
It is rare, indeed, for a question to arise that has not been
decided at some prior time. All of these decisions have been
embodied in the monumental work of the Hon. Asher C.
Hinds and the Hon. Clarence Cannon, former Parliamen-
tarians of the House. These rulings, which aggregate more
than 11,000 in number, cover practically every situation that
may arise.
I believe that I am not making too broad a statement
when I say that the parliamentary practice of the House is a
system of procedure that ranks second to none. It has
proven adequate to meet all the emergencies that have
arisen in the past. It will meet the emergencies and prob-
lems of the future with the same degree of success.
Rulings of the Speakers and Chairmen of the Committee
of the Whole which are of significance have been inserted
under the rule which governed the decision of the Chair.
References are to Hinds' (IV, 600) and Cannon's Prec-
edents (VI, 100), the Congressional Record (January 3,
1953, p. 400), the United States Reports (403 U. S. 69), and
the United States Code (43 U. S. C. 54).
LEWIS DESCHLER.
JANUARY 3, 1961.
[VI]
CONTENTS.
Memorandum Order of Business, Page XI,
THE CONSTITUTION.
Page
PREAMBLE 3
ARTICLE I. — The legislative power 4
II. — The executive power.. __ 56
III. — The judicial power. _-...__. ._-. _ 65
IV.— Obligations, duties, etc., of the States 69
V. — Amendments to 75
VI— Law of the land, etc 76
VII.— Ratification of .. 81
Amendments ratified.—. 83-112
JEFFERSON'S MANUAL.
SECTION I. — Importance of adhering to rules 115
III.— Privilege.-. 118
VI.— Quorum _•__. 135
VII— Call of the House 135
IX.— Speaker _ 136
X.— Address... 138
XL— Committees 139
XIL— Committee of the Whole 143
XIIL — Examination of witnesses 150
XIV. — Arrangement of business 155
XV.— Order 157
XVL — Order respecting papers.--- 157
XVIL— Order in debate 158
XVIIL— Orders of the House 173
XIX.— Petition 176
XX.— Motions 178
XXIIL— Bills, leave to bring in 180
CONTENTS
Page
SECTION XXIV.— Bills, first reading 181
XXV.— Bills, second reading 182
XXVI.— Bills, commitment 182
XXVII. — Report of committee 192
XXVIII.— Bill, recommitment 193
XXIX. — Bill, reports taken up 194
XXX.— Quasi-committee 196
XXXI. — Bill, second reading in the House 200
XXXIL— Reading papers .._ 202
XXXIII.— Privileged questions 204 .
XXXIV. — The previous question 218
XXXV.— Amendments 222
XXXVI.— Division of the question 229
XXXVII. — Coexisting questions 232
XXXVIII. — Equivalent questions 233
XXXIX.— The question-... 236
XL.— Bills, third reading 237
XLI. — Division of the House 241
XLIL— Titles.. 248
XLIII. — Reconsideration 248
XLI V. — Bills sent to the other House 25 1
XL V. — Amendments between the Houses 25 2
XLVI. — Conferences 258
XL VIL— Messages 270
XL VIII.— Assent 274
XLIX.— Journals 277
L. — Adjournment 279
LI. — A session 281
LIL— Treaties 284
LIIL— Impeachment 288
THE RULES.
RULE I. — Duties of the Speaker 303
II. — -Election of officers 310
III. — Duties of the Clerk 311
IV. — Duties of the Sergeant-at- Arms 315
V. — Duties of the Doorkeeper 316
VI. — Duties of the Postmaster 317
VIL— Duties of the Chaplain 318
VEIL— Of the Members 318
IX. — Questions of privilege 320
[vm]
CONTENTS
Page
RULE X. — Standing committees 324
XI. — Powers and duties of committees 328
XII. — Delegates and Resident Commissioner 371
XIII. — Calendars and reports of committees 373
XIV. — Of decorum and debate 377
XV. — On calls of the roll and House 386
XVI. — On motions, their precedence, etc 393
XVII. — Previous question 411
XVIII.— Reconsideration . 416
XIX. — Of amendments 421
XX. — Of amendments of the Senate 423
XXI.— On bills 425
XXII. — On petitions, memorials, bills, and resolutions 441
XXIII. — Of Committees of the Whole House 446
XXIV. — Order of business 457
XXV. — Priority of business 472
XXVI. — Unfinished business of the session 473
XXVII. — Change or suspension of the rules 474
XXVIII. — Conference reports 482
XXIX. — Secret session 485
XXX. — Reading of papers 486
XXXI.— Hall of the House 487
XXXII.— Of admission to the floor 488
XXXIII. — Of admission to the galleries 490
XXXIV. — Official and other reporters 490
XXXV. — Pay of witnesses 495
XXXVI— Papers 496
XXXVII.— Withdrawal of papers 497
XXXVIII.— Ballot . 497
XXXIX— Messages 498
2CL. — Executive communications 498
XLI . — Qualifications of officers and employees 499
XLII. — General provisions 499
PROVISIONS OF LEGISLATIVE REORGANIZATION
ACT OF 1946 APPLICABLE TO BOTH HOUSES.
Congressional adjournment 500
Legislative budget 500
Studies and reports by Appropriations Committee 501
Preservation of committee hearings 502
[IX]
Page
MISCELLANEOUS PEOVISIONS OF LEGISLATIVE
REORGANIZATION ACT OF 1946.
Economic Report of the President 538
Improvement of Congressional Record 537
Joint Committee on Printing 525, 537
Joint Committee on the Library 525, 538
Joint Economic Committee 524, 538
Legislative Reference Service 535
Transfer of functions 538
FORMS.
Of putting questions 505
Of petitions 507
Of orders, resolutions, and bills 507
Of reports from committees 509
Of resolution providing for an investigation 511
Of special order for consideration of a bill 511
Of letters of resignation 512
Of ceremonies for deceased Members 513
Stages of a bill of the House 517
JOINT COMMITTEES.
Atomic Energy, Joint Committee on 523
Defense Production, Joint Committee on 523
Disposition of Certain Records of the United States Govern-
ment, Joint Committee for the 523
Economic Committee, Joint 524
Immigration and Nationality Policy, Joint Committee on 524
Internal Revenue Taxation, Joint Committee on 524
Library, Joint Committee of Congress on the 525, 538
Navajo-Hopi Indian Administration, Joint Committee on 525
Printing, Joint Committee on 525, 537
Reduction of Nonessential Federal Expenditures, Joint Com-
mittee on 526
MISCELLANEOUS.
Franking privilege 529
Rooms in the Office Building 529
Index 539
[x]
GENERAL ORDER OF BUSINESS.
RULE XXIV.
First. Prayer by Chaplain.
Second. Reading and approval of Journal.
Third. Correction of reference of public bills.
Fourth. Disposal of business on Speaker's table.
Fifth. Unfinished business.
Sixth. The morning hour for the consideration of bills.
Seventh. Motion to go into the Committee of the Whole House on
the state of the Union.
Eighth. Orders of the day.
SPECIAL ORDER OF BUSINESS.
MONDAYS.
First and third Mondays:
First. Consent Calendar. Rule XIII, clause 4.
Second. Motions to suspend rules. Rule XXVII, clause 1.
Second and fourth Mondays:
First. Motions to discharge committees. Rule XXVII, clause 4.
Second. District of Columbia business. Rule XXIV, clause 8.
TUESDAYS.
Bills on the Private Calendar. Rule XXIV, clause 6.
Individual private bills considered on the first Tuesday of each
month, omnibus private bills may be considered on third Tuesday of
each month.
WEDNESDAYS.
Call of committees under Calendar Wednesday. Rule XXIV, clause 7.
CONSTITUTION
§§1.2*
CONSTITUTION OP THE UNITE]) STATES; 1787.
WE THE PEOPLE of the United States, in Order to
form a more perfect Union, establish
preamble. jus^ce? ^g^e domestic Tranquility,
provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to our-
selves and our Posterity, do ordain and establish this
CONSTITUTION for the United States of America.
Decisions of the Supreme Court of the United States relating to the
preamble are:
Chisholm v. Georgia, 2 Ball., 419; McCulloch v.
. ecfeions °f "* s^te of Maryland et al., 4 Wh., 316; Brown et al. v.
Maryland, 12 Wh., 419; Barron v. The Mayor and
City Council of Baltimore, 7 Pet., 243; Dred Scott v. Sanford, 19 How-
ard, 393; Lane County v. Oregon, 7 Wall., 71; Texas v. White et al., 7
Wall., 700; Claflin v. Houseman, assignee, 93 TJ. S., 130; Wiliams v.
Bruffy, 96 U. S., 176; Tennessee v. Davis, 100 U. S., 257; Langford v.
United States, 101 U. S., 341; United States v. Jones,, 109 U. S., 513;
Fort Leavenworth Railroad Co. v. Lowe, 114 U. S., 525; The Chinese
Exclusion Case, 130 U. S., 581; Geofroy v. Biggs, 133 U. S., 258; In
re Neagle, 135 U, S., 1; In re Ross, 140 U. S., 453; Logan t>t United
States, 144 U. S., 263; Lascelles v. Georgia, 148 U. S., 537; Fong Yue
Ting v. United States, 149 U. S. 698; In re Tyler, 149 U. S,, 164; United
States t>. E. C. Knight Co., 156 U. S., 1; Mattox v. United States, 156
U. S., 237; In re Quarles and Butler, 158 U. S., 532; In re Debs, Peti-
tioner, 158 U. S., 564; Ward v. Race Horse, 163 U. S., 504; De Lima t>.
Bidwell, 182 U. S., 1; Prout v. Starr, 188 U. S., 537; Jacobson v. Mas-
sachusetts, 197 U. S., 11; South Carolina v. United States, 199 U. S.,
437; Ellis v. U. S., 206 U. S., 246; Dick v. U. S., 208 U. S., 340; Muller v.
Oregon, 208 U. S., 412; Youngstown v. Sawyer, 343 U. S., 579.
[3]
CONSTITUTION OF THE UNITED STATES
§|3-6.
ARTICLE I.
SECTION. 1. All legislative Powers herein granted
§3. Legislate pow- s^a^ ^e vested in a Congress of the
era Tested m con- United States, which shall consist of a
firess' Senate and House of Representatives.
Decisions of the Supreme Court of the United States:
Hayburn's case (notes), 2 DalL, 409; Field v.
Lur?.^101180^116 Clark, 143 U. S., 649; Union Bridge Co. v. United
States, 204 U. S., 364; United States v. Heinszen, 206
U. S., 370; St. Louis & Iron Mountain Railway v. Taylor, 210 U. S., 281 ;
Monongahela Bridge Co. v. United States, 216 U. S., 177; United States
v. Grimaud, 216 U. S., 614; United States v. Grimaud, 220 U. S., 506;
U. S. v. Atchison, etc., R. Co., 234 U. S., 476; Interstate Commerce
Commission v. Goodrich Transit Co., 224 U. S., 194; Kansas City
Southern R. Co. v. U. S., 231 U. S. 423; Bay City First Nat. Bank v.
Union Trust Co., 244 U. S., 416; Hannibal Bridge Co. v. U. S., 221
U. S., 194; Light v. U. S. 220 U. S., 523; Standard Oil Co. v. U. S.,
221 U. S., 1; Union Pacific R. Co. v. Snow, 231 U. S., 204; Johannessen
v. U. S., 225 U. S., 227; Myers v. United States, 272 U. S., 53; McGrain
v. Daugherty, 273 U. S., 135; Hampton & Co. v. United States 276
U. S., 394; Springer v. Philippine Islands, 277 U. S., 189; Panama
Refining Co. v. Ryan, 293 U. S., 388; Schechter Corp. v. U. S. (N. R.
A.), 295 U. S., 495.
SECTION. 2. * The House of Repre-
§5. Members chosen sentatives shall be composed of Mem-
bers chosen every second Year by the
People of the several States, * * *.
This clause requires election by the people and State authority may
not determine a tie by lot (I, 775).
The term of a Congress, before the ratification of the twentieth
amendment to the Constitution, began on the 4th
§6. Term of a Con- of March of the odd numbered years and extended
*«*»• through two years. This resulted from the action
of the Continental Congress on September 13, 1788,
in declaring, on authority conferred by the Federal Convention, "the
first Wednesday in March next" to be "the time for commencing
[4]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 2] §7-
proceedings under the said Constitution." This date was the 4th of
March, 1789. And soon after the first Congress assembled a joint
committee determined that the terms of Representatives and Senators
of the first class commenced on that day, and must necessarily terminate
with the 3d of March, 1791 (I, 3). Under the twentieth amendment
to the Constitution the terms of Representatives and Senators begin
on the 3d of January of the odd-numbered years. By a practice hav-
ing the force of common law, the House meets at 12 m. when no other
hour is fixed (1, 4, 210) . In the later practice a resolution fixing the daily
hour of meeting at 12 o'clock meridian is agreed to at the beginning
of each session. Since the adoption of the twentieth amendment some
of the following decisions are obviously inapplicable but are retained
for their historical significance. As legislative rather than calendar
days are observed by the Houses of Congress, it has followed that
the 3d of March must extend to the hour of 12 m. on March 4, and this
hour has been fixed as that on which a Congress expires (Y, 6694r-
6697). Although the last session may be adjourned before that hour
(V, 6724, footnote) , in practice this does not happen ; and the Speaker
at the hour of 12 m., March 4, usually declares the House adjourned
sine die, without motion or vote, even interrupting a pending roll call
(V, 6715-6718). But a motion to adjourn may be put and carried
(V, 6711-6713). The Legislative Reorganization Act of 1946 (§ 940,
post) provides for sine die adjournment, except in time of war or during
a national emergency proclaimed by the President, not later than the
last day of July (Sundays excepted) each year unless otherwise provided
by the Congress.
* * * and the Electors in each
State shall have the Qualifications req-
§ 7. Electors of the ^ ^
House of Represent- uisite for Electors of the most numer-
a lves" ous Branch of the State Legislature.
The House, in the decision of an election case, has rejected votes
cast by persons not naturalized citizens of the United States, although
they were entitled to vote under the statutes of a State (I, 811); but
where an act of Congress had provided that a certain class of persons
should be deprived of citizenship, a question arose over the proposed
rejection of their votes in a State wherein citizenship in the United
States was not a qualification of the elector (I, 451). In an exceptional
case the House rejected votes cast by persons lately in armed resistance
to the Government, although by the law of the State they were qualified
62581° — H. Doc. 459, R6-2 2 [5]
CONSTITUTION OF THE UNITED STATES
§§ g-11. [ARTICLE I, SECTION 2]
voters (I, 448) ; but later, the House declined to find persons disqualified
as voters because they had formerly borne arms against the Govern-
ment (II, 879).
Decisions of the Supreme Court of the United
§8. Decisions of the gtates_
court* Ex parte Yarbrough, 110 U. S., 651; Wiley v.
Sinkler, 179 U. S., 58; U. S. v. Mosley, 238 U. S., 383.
§9. Ageasaquaii- 2 j^o person shall be a Representative
fication of the Rep- ^ - T i A
resentative. who shall not nave attained to the Age
of twenty-five Years, * * *.
A Member-elect not being of the required age, was not enrolled by the
Clerk and he did not take the oath until he had reached the required
age (I, 418).
§10. citizenship as * * * and been seven Years a Citi-
sen of the United States, * * *.
Henry Ellenbogen, of Pennsylvania, who had not been a citizen
seven years, was elected to the Seventy-third Congress but did not take
the oath until the beginning of the second session to meet the Constitu-
tional requirement. A native of South Carolina, who had been abroad
during the Revolution and on his return had not resided in the country
seven years, was held to be qualified as a citizen (I, 420). A woman
who had forfeited her citizenship through marriage to a foreign subject
and later resumed it through naturalization less than seven years prior
to her election was held to fulfill the constitutional requirement as to
citizenship to a seat in the House (VI, 184) . A Member who had long
been a resident of the country, but who could produce neither the
record of the court nor his final naturalization papers, was nevertheless
retained in his seat by the House (I, 424) .
* * * and who shall not, when
1 11. Inhabitancy ;
as a qualification of elected, be an Inhabitant of that State
era er. .
The meaning of the word "inhabitant" and its relation to citizenship
has been discussed (I, 366, 434; VI, 174), and the House has held that a
mere sojourner in a State was not qualified as an inhabitant (I, 369),
but a contestant was found to be an actual inhabitant of the State
[6]
CONSTITUTION OP THE UNITED STATES
[ARTICLE I, SECTION 2] §12.
although for sufficient reason his family resided in another State (II,
1091). Residence abroad in the service of the Government does not
destroy inhabitancy as understood under the Constitution (I, 433).
One holding an office and residing with his family for a series of years
in the District of Columbia exclusively was held disqualified to sit as a
Member from the State of his citizenship (I, 434) ; and one who had his
business and a residence in the District of Columbia and had no busi-
ness or residence in Virginia was held ineligible to a seat from that
State (I, 436). One who had a home in the District of Columbia, and
had inhabited another home in Maryland a brief period before his
election, but had never been a citizen of any other State, was held to be
qualified (I, 432) . Also a Member who had resided a portion of a year
in the District of Columbia, but who had a home in the State of his
citizenship and was actually living there at the time of the election,
was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st
Congress, it was decided that residence in the District of Columbia for
years as a newspaper correspondent and maintenance there of church
membership were not considered to outweigh payment of poll and
income taxes, ownership of real estate, and a record for consistent
voting in the district from which elected (VI, 55) , and in the same case
excuse from jury duty in the District of Columbia on a plea of citizen-
ship in the State from which elected and exercise of incidental rights of
such citizenship, were accepted as evidence of inhabitancy (VI, 55) .
It has been decided by the House and Senate that no State may add
§ 12. Qualifications to ^e qualifications prescribed by the Constitution
other than those (I, 414r-416, 632). Whether Congress may by law
specified by the establish qualifications other than those prescribed
Constitution. by the Constitution has been the subject of much
discussion (I, 449, 451, 457, 458, 478) ; but in a case wherein a statute
declared a Senator convicted of a certain offense "forever thereafter
incapable of holding any office of honor, trust, or profit under the Gov-
ernment of the United States," the Supreme Court expressed the
opinion that the final judgment of conviction did not operate, ipso
facto, to vacate the seat or compel the Senate to expel or regard the
Senator as expelled by force alone of the judgment (II, 1282) . Whether
the House or Senate alone may set up qualifications other than those of
the Constitution has also been a subject often discussed (I, 414, 415,
443, 457, 458, 469, 481, 484). The Senate has always declined to act
on the supposition that it had such a power (I, 443, 483), and during
the stress of civil war the House of Representatives declined to exercise
the power, even under circumstances of great provocation (I, 449, 465).
[T]
CONSTITUTION OF THE UNITED STATES
§§ 13-15. [ARTICLE I, SECTION 2]
But later, in one instance, the House excluded a Member-elect on the
principal argument that it might itself prescribe a qualification not
specified in the Constitution (I, 477).
Both Houses of Congress have decided, when a Member-elect is
found to be disqualified, that the person receiving
§13. Minority candi- the next highest number of votes is not entitled to
interned ^mbe^T the S6at (I' 323> 32?' 45°' 463> 469j VI> 58' 5^'
disqualified even in a case wherein seasonable notice of the dis-
qualification was given to the electors (I, 460). In
the event of the death of a Member-elect, the candidate receiving the
next highest number of votes is not entitled to the seat (VIj 152) .
Decisions of the Supreme Court of the United States :
Texas v. White, 7 Wall., 721; Boyd v. Nebraska, 143 U. S., 135.
3 [Representatives and direct Taxes shall be appor-
tioned among the several States which
§ 14. The old provision -, • 111 • , i • . i • TT •
for apportionment of may be included within this Union,
according to their respective Numbers,
^^k shaii be determined by adding
to the whole Number of free persons, including
those bound to Service for a Term of Years, and ex-
cluding Indians not taxed, three fifths of all other
Persons.] * * *
The part of this clause relating to the mode of apportionment of
Representatives was changed after the Civil War by section 2 of the
Fourteenth Amendment and as to taxes on incomes without appor-
tionment, by the Sixteenth Amendment.
* * * The actual Enumeration shall be made within
§15. census as a three Years after the first Meeting of
the Congress of the United States, and
apportionment. within every subsequent Term of ten
Years, in such Manner as they shall by Law direct.
The Number of Representatives shall not exceed one
for every thirty Thousand, but each State shall have
at Least one Representative; and until such enumera-
tion shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Con-
[8]
CONSTITUTION OP THE UNITED STATES
[ARTICLE I, SECTION 2] §§ 16-18.
necticut five, New- York six, New Jersey four, Penn-
sylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and
Georgia three.
In the First Congress the House had 65 Members. The census was
taken first in 1790 and every 10 years since, and each time, except in
1920, has been followed by reapportionment. Membership of the
House increased following each census, except that of 1840, until 1913
when the number 435 was attained (VI, 39-40). The Act of June 18,
1929 (46 Stat. 26), as amended by the Act of November 15, 1941 (55
Stat. 761), provides for automatic apportionment of the number (435)
of Members among the States according to the new census (VI, 41-43).
Public Laws 85-508 (72 Stat. 339, 345) and 86-3 (73 Stat. 4, 8)
temporarily increased House membership to 437 upon admission of
Alaska and Hawaii into the Union until the taking effect of the next
reapportionment on January 3, 1963.
Decisions of the Supreme Court of the United States :
Dred Scott v. Sandford, 19 Howard, 393; Veazie Bank v. Fenno,
8 Wall., 533; Scholey v. Hew, 23 Wall., 331; De
§16. Decisions of Treville v. Smalls, 98 U. S., 517; Gibbons v. District
eCOUr" of Columbia, 116 U. S., 404; Pollock v. Farmers,
Loan & Trust Co. (Income Tax case), 157 U. S., 429; Pollock v. Farm-
ers' Loan & Trust Co. (Rehearing), 158 U. S., 601; Thomas v. United
States, 192 U. S., 363; Flint v. Stone Tracy Co., 220 U. S., 107; Cor-
poration Tax cases, 220 U. S., 107; Eisner v. Macomber, 252 U. S., 189;
New York Trust Co. v. Eisner, 256 U. S., 345.
4 When vacancies happen in the Representation
§17. writs for from any State, the Executive Au-
±lncfes£ thority thereof shall issue Writs of
representation. Election to fill such vacancies.
Vacancies are caused by death, resignation, declination, withdrawal,
or by action of the House in declaring a vacancy as existing or causing
one by expulsion.
It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member dur-
ing a session (n> H98-1202); but since improve-
ments in transportation have made it possible for
deceased Members to be buried at their homes it has been the practice
for State authorities to take cognizance of the vacancies without notice.
When a Member dies while not in attendance on the House or during
a recess the House is sufficiently informed of the vacancy by the
credentials of his successor, when they set forth the fact of the death
[9]
CONSTITUTION OF THE UNITED STATES
§ 19. [ARTICLE I, SECTION 23
(I, 568). The death of a Member-elect creates a vacancy, although, no
certificate may have been awarded (I, 323), and in such a case the
candidate having the next highest number of votes may not receive
the credentials (I, 323; VI, 152). A Member whose seat was contested
dying, the House did not admit a claimant with credentials until con-
testant's claim was settled (I, 326); where a contestant died after a
report in his favor, the House unseated the returned Member and de-
clared the seat vacant (II, 965), and in a later case the contestant hav-
ing died, the committee did not recommend to the House a resolution
it had agreed to declaring he had not been elected (VI, 112).
In recent practice the Member frequently informs the House by letter
that his resignation has been sent to the State execu-
tive (I1' H67-1176) and this is satisfactory evidence
of the resignation (I, 567) but Members have re-
signed by letter to the House alone, it being presumed that the Member
would also notify his Governor (VI, 226) , and where a Member resigned
by letter to the House the Speaker was authorized to notify the Gover-
nor (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536). Where a Mem-
ber does not inform the House the State executive may do so (II, 1193,
1194; VI, 232). But sometimes the House learns of a Member's
resignation only by means of the credentials of his successor (II, 1195,
1356). Where the fact of a Member's resignation has not appeared
either from the credentials of his successor or otherwise, the Clerk has
been ordered to make inquiry (II, 1209), or the House has ascertained
the vacancy from information given by other Members (II, 1208).
It has been established that a Member or Senator may resign, appoint-
ing a future date for his resignation to take effect, and until the arrival
of the date may participate in the proceedings (II, 1220-1225, 1228,
1229; VI, 227, 228). In one case a Member who had resigned was not
permitted by the House to withdraw the resignation (II, 1213), but the
House permitted it later in another case (VI, 229) . Acceptance of the
resignation of a Member of the House is unnecessary (VI, 65, 226) , and
the refusal of a Governor to accept a resignation cannot operate to
continue membership in the House (VI, 65). Only in a single excep-
tional case has the House taken action in the direction of accepting a
resignation (II, 1214). Sometimes Members who Jiave resigned have
been reelected to the same House and taken seats (II, 1210-1212, 1256).
A Member who has not taken his seat has resigned (II, 1231). A letter
of resignation is presented as privileged (II, 1167-1176); but a resolu-
tion to permit a Member to withdraw his resignation was not so
treated (II, 1213). The Speaker having been elected Vice President
and a Representative of the succeeding Congress at the same election,
[10]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 2] §§20-25.
transmitted to the Governor of his State his resignation as a Member-
elect (VI, 230, 453).
A Member who has been elected to a seat may decline to accept it,
and in such a case the House informed the executive
of the State of the vacancy (II, 1234). The House
has decided an election contest against a returned
Member who had not appeared to claim the seat (I, 638). In one
instance a Member-elect who had been convicted in the courts did not
appear during the term (IV, 4484, footnote) .
At the time of the secession of several States, Members of the House
from those States withdrew (II, 1218). In the
Senate, in cases of such withdrawals, the Secretary
was directed to omit the names of the Senators from
the roll (II, 1219), and the act of withdrawal was held to create a
vacancy which the legislature might recognize (I, 383) .
Where the House, by its action in a question of election or otherwise,
creates a vacancy, the Speaker is directed to notify
§22. Vacancy by ^ Executive Qf the gtate (j 5Q2 709 824; n ^OS-
action of the House. -AA-v A , ,. , 1 ^ J '
1205). A resolution as to such notification is pre-
sented as a question of privilege (III, 2589).
The House declines to give prima facie effect to credentials, even
though they be regular in form, until it has ascer-
§ 23. Questions as to tamed whether or not the geat ig vacant (I, 322, 518,
the existence of a . , _ ' ' '
vacancy. ^65, 569), and a person returned as elected at a sec-
ond election was unseated on ascertainment that
another person had actually been chosen at the first election (I, 646).
The term "vacancy" as occurring in this paragraph of the Consti-
tution has been examined in relation to the functions
§24. Functions of of the State executive (I, 312, 518). A federal law
the state executive empowers the States and Territories to provide by
in filling vacancies. , ,, ,. „ , , . /T -f/»\
law the tunes of elections to fill vacancies (I, 516);
but an election called by a governor in pursuance of constitutional au-
thority was held valid although no state law prescribed time, place, or
manner of such election (I, 517). Where two candidates had an equal
number of votes, the governor did not issue credentials to either, but
ordered a new election after they had waived their respective claims
(I, 555).
§ 25. Term of a ^ member elected to fill a vacancy serves no longer
Member elected to time than the remainder of the term of the Member
mi a vacancy. whose place he fills (I, 3).
(Ill
CONSTITUTION OF THE UNITED STATES
§§26-28. [ARTICLE I, SECTION 2]
5 The House of Representatives shaR
thesp^kerand chuse their Speaker and other Officers;
other officers. $. ^ %
The officers of the House are the Speaker, who has always been one of
its Members and whose term as Speaker must expire with his term as a
Member; and the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster,
and Chaplain (I, 187), no one of whom has ever been chosen from the
membership of the House, and who continue in office until their succes-
sors are chosen and qualified (I, 187), in one case continuing through
the entire Congress succeeding that in which they were elected (I, 244,
263). The House formerly provided by special rule that the Clerk
should continue in office until another should be chosen (I, 187, 188,
235, 244) ; and in later years the statutes have imposed on the Clerk,
Sergeant-at-Arms, and Doorkeeper duties which contemplate their
continuance (I, 14, 15).
The Speaker, who was at first elected by ballot, has been chosen by
• viva voce vote on a roll call since 1839 (I, 187),
election If Ts^ker. In 1809 the House held that a Speaker should be
elected by a majority of all present (I, 215) ; and
in 1879 it was held that a majority of all the membership of the House
was not required, but only a majority of those present if a quorum
(I, 216). On two occasions, by special rule, Speakers were chosen by
a plurality of votes; but in each case the House by majority vote
adopted a resolution declaring the result (I, 221, 222). The House
has declined to choose a Speaker by lot (I, 221) . The contest over the
election of a Speaker in 1923 was resolved after procedure for adoption
of rules for the 68th Congress had been presented (VI, 24).
The Speaker having died during the recess of Congress, the Clerk
. M xr , . at the next session called the House to order, ascer-
§ 28. Vacancies in , . , , , , , , ,
the office of Speaker, tamed the presence of a quorum, and then the
House proceeded to elect a successor (I, 234).
Speaker Joseph W. Byrns having died during a session of Congress
but not while the House was sitting, the Clerk on the following day
called the House to order and his successor, Hon. William B. Bank-
head, was elected by resolution (June 4, 1936, p. 9016). Speaker
Bankhead was the second Speaker to die during a session of the House,
although neither died while the House was sitting. The Clerk on
the following day called the House to order and Hon. Sam Rayburn
was elected by resolution (Sept. 16, 1940, p. 12231). Form of resolu-
[12]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 2] §§29-31.
tion offered on death of a Speaker (September 16, 1940, p. 12232) and
a former Speaker (VIII, 3564). A resolution declaring vacant the
office of Speaker is presented as a matter of high constitutional privi-
lege (VI, 35) . A proposition to elect a Speaker is in order at any time
and presents a question of the highest privilege (VIII, 3383) . Speakers
have resigned by rising in their place and addressing the House (I,
231, 233), by calling a Member to the Chair and tendering the resig-
nation verbally from the floor (I, 225), or by sending a letter which
the Clerk reads to the House at the beginning of a new session (I, 232) .
When the Speaker resigns no action of the House excusing him from
service is taken (I, 232). In one instance a Speaker resigned on the
last day of the Congress, and the House elected a successor for the
day (I, 225). Instance wherein the Speaker, following a vote upon
an essential question indicating a change in the party control of the
House, announced that under the circumstances it was incumbent
upon the Speaker to resign or to recognize for a motion declaring
vacant the office of Speaker (VI, 35).
The effect of a law to regulate the action of the
§ 29. Power of House House in choosing its own officers has been discussed
to elect its officers as (IV, 3819), and such a law has been considered of
related to law. doubtful validity (V, 6765, 6766) in theory and
practice (I, 241, 242). An amendment to the
Legislative Reorganization Act of 1946 was enacted by the Eighty-
third Congress (2 TJ. S. C. § 75a-l) authorizing temporary appoint-
ments by the Speaker to fill vacancies in the offices of Clerk, Sergeant
at Arms, Doorkeeper, Postmaster, or Chaplain. Under this authority
the Speaker in the Eighty-third Congress appointed a temporary
Sergeant at Arms (January 6, 1954, p. 8).
The office of Clerk becoming vacant, it was held that the House
would not be organized for business until a Clerk
§ 30. Election of should be elected (I, 237) ; but in another instance
cierk in relation to some business intervened before a Clerk was elected
usiness. ^ ^g^ ^ the time of organization, while the
Clerk of the preceding House was yet officiating, and after the Speaker
had been elected, the House proceeded to legislation and other busi-
ness before electing a Clerk (I, 242, 244). But in one case it was held
that the law of 1789 bound the House to elect the Clerk before pro-
ceeding to business (I, 241).
* * * and [the House of Represent-
§ 31. House of Bep. . L ^
resentatives alone atlVCSJ Shall hSiVB the 8016 POWQT OI
impeaches. Impeachment.
In 1868 the Senate ceased in its rules to describe the House, acting
in an impeachment, as the "grand inquest of the nation" (III, 2126).
[13]
CONSTITUTION OF THE UNITED STATES
§§ 32^35. [ARTICLE I, SECTION 3 J
SECTION 3. l [The Senate of the United States shall
be composed of two Senators from each
votes of State, chosen by the Legislature thereof,
senators. £or ^ Years; and each Senator shall
have one Vote.]
This provision has now been changed by the Seventeenth Amend-
ment to the Constitution.
2 Immediately after they shall be assembled in
Consequence of the first Election, they
§33. Division of "* ' ^
the senate into shall be divided as equally as may be
dasses" into three classes. The Seats of the
Senators of the first Class shall be vacated at the
Expiration of the second Year, of the second Class
at the Expiration of the fourth Year, and of the third
Class at the Expiration of the sixth Year, so that
Fmin ofTa one-third may be chosen every second
canciesmthe Year; [and if Vacancies happen by
senate. Resignation, or otherwise, during the
Recess of the Legislature of any State, the Execu-
tive thereof may make temporary Appointments
until the next Meeting of the Legislature, which
shall then fill such Vacancies.]
That part of the above paragraph in brackets was changed by the
Seventeenth Amendment.
3 No person shall be a Senator who shall not have
§ 35. Qualification attained to the Age of thirty Years, and
of senators. been, nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhab-
itant of that State for which he shall be chosen.
In 1794 the Senate decided that Albert Gallatin was disqualified, not
having been a citizen nine years although he had served in the war of
Independence and was a resident of the country when the Constitution
[14]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 3] §§86-88.
was formed (I, 428) ; and in 1849 that James Shields was disqualified,
not having been a citizen for the required time ( 1, 429) . But in 1870 the
Senate declined to examine as to H. R. Revels, a citizen under the
recently adopted fourteenth amendment (I, 430). As to Inhabitancy
the Senate seated one who, being a citizen of the United States, had
been an inhabitant of the State from which he was appointed for less
than a year (I, 437). Also one who, while stationed in a State as an
army officer had declared his intention of making his home in the State,
was admitted by the Senate (I, 438). A Senator who at the time of
his election was actually residing in the District of Columbia as an
officeholder, but who voted in his old home and had no intent of making
the District his domicile, was held to be qualified (I, 439).
4 The Vice President of the United
L^^ws^te.681" States shall be President of the Senate,
but shall have no Vote, unless they be
equally divided.
The right of the Vice-President to vote has been construed to extend
to questions relating to the organization of the Senate (V, 5975), as the
election of officers of the Senate (V, 5972-5974), or a decision on the
title of a claimant to a seat (V, 5976, 5977). The Senate has declined
to make a rule relating to the vote of the Vice-President (V, 5974).
§37. choice of 5 The Senate shall chuse their other
president pro tem- Officers, and also a President pro
pore and other • ' A
officers of the tempore, in the Absence of the Vice
Senate" President, or when he shall exercise
the Office of President of the United States.
6 The Senate shall have the sole Power to try all Im-
peachments. When sitting for that
Purpose, they shall be on Oath or
Affirmation. When the President of
the United States is tried, the Chief
Justice shall preside: And no Person shall be con-
victed without the Concurrence of two thirds of the
Members present.
[15]
CONSTITUTION OF THE UNITED STATES
§§ 39-41. [ARTICLE I, SECTION 3]
In 1868, after mature consideration, the Senate overruled the old
view of its functions (III, 2057), and decided that it sat for impeach-
ment trials as the Senate and not as a court (III, 2057), and eliminated
from its rules all mention of itself as a "high court of impeachment"
(III, 2079, 2082).
An anxiety lest the Chief Justice might have a vote in the approach-
ing trial of the President seems to have prompted
§39. Tbepre- this action (III, 2057). There was examination of
siding officer. the question of the Chief Justice's power to vote (III,
2098); but the Senate declined to declare his inca-
pacity to vote, and he did in fact give a casting vote on incidental
questions (III, 2067). The Senate declined to require that the Chief
Justice be sworn when about to preside (III, 2080); but the Chief
Justice had the oath administered by an associate justice (III, 2422).
In impeachments for officers other than the President of the United
States the presiding officer of the Senate presides, whether he be Vice-
President, the regular President pro tempore (III, 2309, footnote, 2337,
2394) or a special President pro tempore chosen to preside at the trial
only (III, 2089, 2477).
Senators elected after the beginning of an impeachment trial are
sworn as in the case of other Senators (III, 2375).
quorum! ' ^ The quorum of the Senate sitting for an impeachment
trial is a quorum of the Senate itself, and not merely
a quorum of the Senators sworn for the trial (III, 2063). In 1868,
when certain States were without representation, the Senate declined
to question its competency to try an impeachment case (III, 2060) .
7 Judgment in Cases of Impeachment shall not
f , T J extend further than to removal from
§ 41. Judgment
in cases of Office, and disqualification to hold and
impeachment. enjoy any Office of honor, Trust or
Profit under the United States: but the Party con-
victed shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment,
according to Law.
There has been discussion as to whether or not the Constitution
requires both removal and disqualification on conviction (III, 2397) ;
but in the case of Pickering the Senate decreed only removal (III, 2341).
[16]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTIONS 3, 4] §§42,43.
In the case of Humphreys, judgment of both removal and disqualifica-
tion was pronounced (III, 2397). The question on removal and dis-
qualification has been held divisible for the vote (III, 2397; VI, 512).
Decisions of the Supreme Court of the United States:
Langford v. U. S., 101 II. S., 342; Kilbourn v. Thompson, 103 U. S.,
190; Legal Tender cases, 12 Wall., 535.
SECTION 4. ^he Times, Places and Manner of
RAet „. , holding Elections for Senators and
§ 42. Times, places*
and manner of Representatives, shall be prescribed in
R^r^totives each State by the Legislature thereof;
ana senators. but tlie Congress may at any time by
Law make or alter such Regulations, except as to
the places of chusing Senators.
The relative powers of the Congress and the States under this
paragraph have been the subject of much discussion (I, 311, 313, 507,
footnote) ; but Congress has in fact fixed by law the time of elections
(I, 508; VI, 66), and has controlled the manner to the extent of pre-
scribing a ballot or voting machine (II, 961; VI, 150). When a State
delegated to a municipality the power to regulate the manner of holding
an election, a question arose (II, 975) . A question as to whether or not
a State, in the absence of action by Congress, might make the time of
election of Congressmen contingent on the time of the State election
(I, 522) . This paragraph does not give Congress power to regulate party
primaries or conventions for designating candidates for the Senate
(Newberry v. U. S., 256 U. S., 232; U. S. v. Wurzbach, 280 U. S., 396).
The meaning of the word "legislature" in this clause of the Consti-
§ 43. Functions of a tution has been the subject of discussion (II, 856), as
State legislature in to whether or not it means a constitutional conven-
fixing time, etc., of tion as well as a legislature in the commonly accepted
elections. meaning of the word (I, 524). The House has sworn
in Members chosen at an election the time, etc., of which was fixed by
the schedule of a constitution adopted on that election day (I, 519,
520, 522). But the House held that where a legislature has been in
existence a constitutional convention might not exercise the power
(I, 363, 367). It has been argued generally that the legislature derives
the power herein discussed from the Federal and not the State Con-
stitution (II, 856, 947), and therefore that the State constitution might
[17]
CONSTITUTION OF THE UNITED STATES
§§ 44^6. [ARTICLE I, SECTIONS 4, 5]
not in this respect control the State legislature (II, 1133). The House
has sustained this view by its action (I, 525). But where the State
constitution fixed a date for an election and the legislature had not
acted, although it had the opportunity, the House held the election
valid (II, 846).
Decisions of the Supreme Court of the United States:
Ex parte Siebold, 100 U. S., 371; Ex parte Clarke,
§44 Decisions 1QO n ^ 39g. Ex parte Yarbrough, 110 U. S., 651;
of the court. Jn re ^ m ^ ^ ?31. Qhio y Hildebranty 241
TJ. S., 565; U. S. v. Mosley, 238 U. S., 383; U. S. v. Gradwell, 243
U. S., 476; Newberry v. U. S., 256 U. S., 232; Smiley v. Holm, 285
U. S., 355; U. S. v. Classic, 313 U. S., 299; Smith v. Allwright, 321
TJ. S. 649.
2 [The Congress shall assemble at least once in
§45. Annual meet. ^^J Year, and such Meeting shall be
ing of congress. on ^ firs£ Monday in December, un-
less they shall by law appoint a different Day.]
This provision of the Constitution has been superseded by the
twentieth amendment.
In the later but not the earlier practice (I, 5), prior to the twentieth
amendment, the fact that Congress had met once within the year did
not make uncertain the constitutional mandate to meet on the first
Monday of December (I, 6, 9-11). Early Congresses, convened either
by proclamation or law on a day earlier than the constitutional day,
remained in continuous session to a time beyond that day (I, 6, 9-1 1) .
But in the later view an existing session ends with the day appointed
by the Constitution for the regular annual session (II, 1160). Con-
gress has frequently appointed by law a day for the meeting (I, 4, 5,
10-12, footnote; see also § 279, footnote).
SECTION 5. l Each House shall be the
Judge of the Elections, Returns and
Qualifications of its own Members,
The House has the same authority to determine the right of a Dele-
gate to his seat that it has in the case of a Member (I, 423) . The
House may not delegate the duty of judging its elections to another
tribunal (I, 608), and the courts of a State have nothing to do with it
[18]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 53 §§ 47-50.
(II, 959) . The House has once examined the relations of this power to
the power to expel (I, 469) .
As nearly all the laws governing the elections of Representatives in
§ 47. Power of Congress are State laws, questions have often arisen
judging as related as to the relation of this power of judging to those
to state laws as laws (I, 637) . The House decided very early that the
to returns. certificate of a State executive issued in strict
accordance with State law does not prevent examination of the votes
by the House and a reversal of the return (I, 637) . The House has also
held that it is not confined to the conclusions of returns made up in
strict conformity to State law, but may examine the votes and correct
the returns (I, 774) ; and the fact that a State law gives canvassers the
right to reject votes for fraud and irregularities does not preclude the
House from going behind the returns (II, 887) .
When the question concerns not the acts of returning officers, but the
§48. Power of ac* °^ *^e voter *n giving ^s vote, the House has
judging as related found more difficulty in determining on the proper
to state laws as exercise of its constitutional power. While the
to acts of the voter. House has always acted on the principle of giving
expression to the intent of the voter (I, 575, 639, 641; II, 1090), yet in
its later practice it has held that a mandatory State law, even though
arbitrary, may cause the rejection of a ballot on which the intent of
the voter is plain (II, 1009, 1056, 1077, 1078, 1091).
Where the State courts have upheld a State election law as constitu-
§49 Power of tional the House does not ordinarily question the
House as related law (II, 856, 1071). But where there has been no
to constitutionality such decision the House, in determining its election
of state laws. cases, has passed on the validity of State laws under
State constitutions (II, 1011, 1134), and has acted on its decision that
they were unconstitutional (II, 1075, 1126), but it is not the policy
of the House to pass upon the validity of State election laws alleged
to be in conflict with the State constitution (VI, 151).
The courts of a State have nothing to do directly with judging the
5 so Eff t f elections, qualifications, and returns of Hepresenta-
interpretation of tives in Congress (II, 959), but where the highest
state election State court has interpreted the State law the House
laws by state bas concluded that it should generally be governed
courts' by this interpretation (I, 645, 731; II, 1041, 1048),
but does not consider itself bound by such interpretations (VI, 58).
The House is not bound, however, by a decision on an analogous but not
the identical question in issue (II, 909) ; and where the alleged fraud of
[19]
CONSTITUTION OF THE UNITED STATES
§§51-54. [ARTICLE I, SECTION 53
election judges was in issue, the acquittal of those judges in the courts
was held not to be an adjudication binding on the House (II, 1019).
The statutes of the United States provide specific methods for institu-
s « Laws of tion °* a contest as to the title to a seat in the House
Congress not (I, 678, 697-706) (2 U. S. C. 201 et seq.); but the
binding on the House regards this law as not of absolute binding
House in its force, but rather a wholesome rule not to be departed
function of from except for cause (I, 597, 719, 825, 833), and it
judging its sometimes by resolution modifies the procedure
elections. prescribed by the law (I, 449, 600).
Decisions of the Supreme Court of the United States:
In re Loney, 134 U. S., 317; Reed v. County Commissioners, 277
U. S., 376; Barry v. U. S. ex. rel. Cunningham, 279 U. S., 597.
* * * and a Majority of each [House] shall con-
§52. The stitute a Quorum to do Business; but
quorum. a smaller Number may adjourn from
day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and
under such Penalties as each House may provide.
Out of conditions arising between 1861 and 1891 the rule was estab-
§53 inte reta lished that a majority of the Members chosen and
tion of theCon- living constituted the quorum required by the Con-
stitution as to stitution (IV, 2885-2888) ; but later examination has
number constituting resulted in a decision confirming in the House of
a quorum. Representatives the construction established in the
Senate that a quorum consists of a majority of Senators duly chosen
and sworn (I, 630; IV, 2891-2894). So the decision of the House now
is that after the House is once organized the quorum consists of a
majority of those Members chosen, sworn, and living whose membership
has not been terminated by resignation or by the action of the House
(IV, 2889, 2890; VI, 638).
For many years the quorum was determined only by noting the num-
§54. The theory bers of Members voting (IV, 2896, 2897), with the
of the quorum result that Members by refusing to vote could often
present; and the break a quorum and obstruct the public business (II,
count by the 1Q34; IV, 2895, footnote; V, 5744) . But in 1890 Mr.
Speaker' Speaker Reed directed the Clerk to enter on the Jour-
nal as part of the record of a yea-and-nay vote names of Members present
but not voting, thereby establishing a quorum of record (IV, 2895).
[20]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 5] §55.
This decision, afterwards sustained by the Supreme Court (IV, 2904),
established the principle that a quorum present made valid any action
by the House, although an actual quorum might not vote (I, 216, foot-
note ; IV, 2932) . And thenceforth the point of order as to a quorum was
required to be that no quorum was present and not that no quorum had
voted (IV, 2917). At the time of the establishment of this principle
the Speaker revived the count by the Chair as a method of determining
the presence of a quorum at a time when no record vote was ordered
(IV, 2909). The Speaker has permitted his count of a quorum to be
verified by tellers (IV, 2888), but did not concede it as a right of the
House to have tellers under the circumstances (IV, 2916; VI, 647-651;
VIII, 2369, 2436) , claiming that the Chair might determine the presence
of a quorum in such manner as he should deem accurate and suitable
(IV, 2932). The Chair counts all members in sight, whether in the
cloak rooms, or within the bar (IV, 2970; VIII, 3120). Later, as the
complement to the new view of the quorum, the early theory that the
presence of a quorum is as necessary during debate or other business as
on a vote was revived (IV, 2935-2949) ; also, a line of rulings made under
the old theory were overruled, and it was established that the point of
no quorum might be made after the House had declined to verify a
division by tellers or the yeas and nays (IV, 2918-2926).
The absence of a quorum having been disclosed, there must be a quorum
of record before the House may proceed to business
§ 55. Relations of (Iy 2952 2953 ; VI, 624, 660, 662), and the point of
the quorum to acts v ' ' ?^ -j_-,J JM. Ai_ u
of the House. no Quorum mav no"t t>e withdrawn after the absence
of a quorum has been ascertained and announced by
the Chair (IV, 2928-2931; VI, 657). But when an action has been
completed, it is too late to make the point of order that a quorum was
not present when it was done (IV, 2927; VI, 655) . But where action re-
quiring a quorum was taken in the ascertained absence of a quorum by
ruling of a Speaker pro tempore, the Speaker on the next day ruled that
the action was null and void (IV, 2964; see also VIII, 3161) . But such
absence of a quorum should appear from the Journal if a legislative
act is to be vacated for such reason (IV, 2962), and where the assump-
tion that a quorum was present when the House acted was uncontra-
dicted by the Journal, it was held that this assumption might not be
overthrown by expressions of opinion by Members individually
(IV, 2961). A point of no quorum, may prevent the report of the
Chairman of a Committee of the Whole (VI, 666). If a question as to
a quorum is raised before the reading of the Journal, a quorum must be
ascertained before the reading may begin (IV, 2732, 2733; VI, 625,
62581° — H. Doc. 459, SO--2 3 [21]
CONSTITUTION OF THE UNITED
§§56^59. [ARTICLE I, SECTION 5]
629), and a point of no quorum may be made at any time before
reading is completed (VI, 624). While messages are received in the
absence of a quorum they are not read (IV, 3522; V, 6600, 6650; VIII,
3339). No motion is in order on the failure of a quorum but the
motions to adjourn and for a call of the House (IV, 2950; VI, 680),
and the motion to adjourn has precedence over the motion for a call
of the House (VIII, 2642). A call of the House is in order under the
Constitution in the absence of other rule (IV, 2981). Those present
on a call of the House may prescribe a fine as a condition on which
an arrested Member may be discharged (IV, 3013, 3014), but this is
rarely done. A quorum is not required on motions incidental to a call
of the House (IV, 2994; VI, 681).
At the time of organization the two Houses inform one another of
§ 56. Relations of *^e appearance of the quorum in each, and the two
the quorum to Houses jointly inform the President (I, 198-203).
organization of the A message from one House that its quorum has
House. appeared is not delivered in the other until a quorum
has appeared there also (I, 126). But at the beginning of a second
session of a Congress the House proceeded to business, although a
quorum had not appeared in the Senate (I, 126). At the beginning of
a second session of a Congress unsworn Members-elect were taken into
account in ascertaining the presence of a quorum (I, 175). In both
Houses the oath has been administered to Members-elect in the absence
of a quorum (I, 174, 181, 182; VI, 22), although in one case the Speaker
objected to such proceedings (II, 875). Prayer by the Chaplain is not
business requiring the presence of a quorum and the Speaker declines
to entertain a point of no quorum before prayer is offered (VI, 663).
§ 57. Decisions of Decisions of the Supreme Court of the United
the court. States: United States v. Ballin, 144 U. S., 1; Kil-
bourn v. Thompson, 103 U. S., 190; Burton v. U. S., 202 U. S., 344.
§58. The House 2 Each House may determine the
determinesitsrules. Of ItS * * *
The power of each House of Representatives to make its own rules
may not be impaired or controlled by the rules of a
§59. Power to make preceding House (I, 187, 210; V, 6002, 6743-6747),
^lel^w^ or by a law Passed by a Prior Congress (I, 82, 245;
IV, 3298, 3579; V, 6765, 6766). The ordinary rights
and functions of the House under the Constitution are exercised in
[22]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 5J §§60,61.
accordance with the rules (III, 2567), and under later decisions ques-
tions of so-called constitutional privilege should also be considered in
accordance with the rules (VI, 48; VII, 889; Apr. 8, 1926, p. 7147).
But a law passed by an existing Congress with the concurrence of the
House has been recognized by that House as of binding force in matters
of procedure (V, 6767, 6768) . In exercising its constitutional power to
change its rules the House may confine itself within certain limitations
(V, 6756; VIII, 3376); but the attempt of the House to deprive the
Speaker of his vote as a Member by a rule was successfully resisted
(V, 5966, 5967). While a law of 1789 requires the election of a Clerk
before the House proceeds to business yet the House has held that it
may adopt rules before electing a Clerk (I, 245). While the Speaker
ceases to be an officer of the House with the expiration of a Congress,
the Clerk, by old usage, continues in a new Congress (I, 187, 188, 235,
244). The House has adopted a rule before election of a Speaker
(I, 94, 95) ; but in 1839 was deterred by the law of 1789 and the Con-
stitution from adopting rules before the administration of the oath to
Members-elect (I, 140). The earlier theory that an officer might be
empowered to administer oaths by a rule of either House has been
abandoned in later practice and the authority has been conferred by
law (III, 1823, 1824, 2079, 2303, 2479) (2 U. S. C. 191).
Before the adoption of rules the House is governed by general parlia-
mentary law, but the Speakers have been inclined to
?ive weiSht to the Precedents of the House in modify-
adoption of rules. mS ^^ usual constructions of that law (V, 6758-
6760; VIII, 3384; January 3, 1953, p. 24).
The general parliamentary law as understood in the House is founded
on Jefferson's Manual and modified by the practice of American legis-
lative assemblies, especially of the House of Representatives (V, 6761-
6763; January 3, 1953, p. 24), but the provisions of the House's
accustomed rules are not necessarily followed (V, 5509, 5604).
The two Houses of Congress adopted in the early years of the Govern-
ment joint rules to govern their procedure in matters
es" requiring concurrent action; but in 1876 these joint
rules were abrogated (IV, 3430; V, 6782-6787). The most useful of
their provisions continue to be observed in practice, however (IV, 3430;
V, 6592).
Decisions of the Supreme Court of "the United States: U. S. v.
Smith, 286 U. S., 6; Christoffel v. U. S., 338 U. S., 84; U. S. v. Bryan,
339 U. S., 323.
[23]
CONSTITUTION OF THE UNITED STATER
§§ 62.64. [ARTICLE I, SECTION 5]
* * * [Each House may] punish its Members
for disorderly Behaviour, and, with
' the Concurrence of two thirds, expel
Members.
The two methods of punishment have been censure and expulsion.
In action for censure the House has discussed as to
§ 63. Punishment whether or not the principles of the procedure of the
by censure. courts ghould be fonowed (n, 1255). In one in-
stance, pending consideration of a resolution to censure a Member,
the Speaker informed him that he should retire (II, 1366), but this is
not usual, and Members, against whom resolutions have been pend-
ing have participated in debate, either by consent (II, 1656) or with-
out question as to consent (II, 1246, 1253). A Member against whom
a resolution of censure was pending was asked by the Speaker if he
desired to be heard (VI, 236) . But after the House had voted censure
and the Member has been brought to the bar by the Sergcant-at-Arms
to be censured, it was held that he might not then be heard (II, 1259).
A resolution of censure should not apply to more than one Member
(II, 1240, 1621). Censure is inflicted by the Speaker (II, 1259) and
the words are entered in the Journal (II, 3251, 1656; VI, 236), but the
Speaker may not pronounce censure except by order of the House
(VI, 237). When Members have resigned pending proceedings for
censure, the House has nevertheless adopted the resolutions of censure
(II, 1239, 1273, 1275, 1656). Members have been censured for
personalities and other disorder in debate (II, 1251, 1253, 1254, 1259),
assaults on the floor (II, 1665), for presenting a resolution alleged to
be insulting to the House (II, 1246), and for corrupt acts (II, 1274,
1286). For abuse of the leave to print, the House censured a Member
after a motion to expel him had failed (VI, 236). In one instance
Members were censured for acts before the election of the then existing
House (II, 1286). A proposition to censure is not germane to a
proposition to expel (VI, 236).
The power of expulsion has been the subject of much discussion (I,
469, 476, 481; II, 1264, 1265, 1269; VI, 56, 398).
In °ne CaSe a Member-elect who had not taken the
oa&h was expelled (II, 1262), and in another case
the power to do this was discussed (I, 476). In one instance the
Senate assumed to annul its action of expulsion (II, 1243). The Su-
preme Court has decided that a judgment of conviction under a dis-
qualifying statute does not compel the Senate to expel (II, 1282). The
[24]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 5] §§ 65-67.
power of expulsion in its relation to offenses committed before the
Members' election has been discussed (II, 1286), and in one case the
Judiciary Committee of the Souse concluded that a Member might
not be punished for an offense alleged to have been committed against
a preceding Congress (II, 1283) ; but the House itself declined to ex-
press doubt as to its power to expel and proceeded to inflict censure
(II, 1286). But this case is exceptional, and in general both Houses
have distrusted their power to punish in such cases (II, 1264, 1284,
1285, 1288, 1289; VI, 56, 238). It has been held that the power of
the House to expel one of its Members is unlimited; a matter purely
of discretion to be exercised by a two-thirds vote, from which there is
no appeal (VI, 78). The resignation of the accused Member has al-
ways caused a suspension of proceedings for expulsion (II, 1275, 1276,
1279; VI, 238).
The House, in a proceeding for expulsion, declined to give the Mem-
§ 65 Proc dor f ker a ^^ ^ ^e ^ar (**» 1275) ; but the Senate has
expulsion!6 "^ ^ permitted counsel to appear at its bar (II, 1263), al-
though it declined to grant a request for a specific
statement of charges or compulsory process for witnesses (II, 1264).
Members threatened with expulsion have been heard on their own be-
half by consent (II, 1273, 1275), or as a matter of right (II, 1269, 1286).
In general, there has been discussion as to whether or not the principles
of the procedure of the courts should be followed (II, 1264). The
Senate once expelled several Senators by a single resolution (II, 1266) .
Members and Senators have been expelled for treason (II, 1261), for
high misdemeanor inconsistent with public duty (II, 1263), for friend-
ship or association with enemies of the Government and absence from
their seats (II, 1269, 1270), and for bearing arms against the Govern-
ment (II, 1267).
§66. Propositions •&* proposition to censure or expel a Member pre-
for punishment sents a question of privilege (II, 1254; III, 2648-
entertainedasof 2651; VI, 236). A proposition to censure is not
privilege. germane to a proposition to expel (VI, 236).
A resolution providing that the House immediately proceed to
consider whether a Member should be expelled presents a question of
privilege (Speaker Clark, Dec. 9, 1913, pp. 584-586).
Decisions of the Supreme Court of the United States:
. Anderson v. Dunn, 6 Wh., 204 ; Kilbourn v. Thomp-
Leco^!*10 son, 103 U. S., 168; United States v. Ballin, 144
U. S., 1; In re Chapman, 166 U. S., 661; Burton v.
U. S., 202 U. S., 344.
[25]
CONSTITUTION OF THE UNITED STATES
§§68-72. [ARTICLE I, SECTION 5]
3 Each House shall keep a Journal of its Proceed-
§68. Each House ings, and from time to time publish
to keep a journal. fa^ same, excepting such Parts as may
in their Judgment require Secrecy; * * *
The Journal and not the Congressional Record is the official record
of the proceedings of the House (IV, 2727). Its
nature and functions have been the subject of
extended discussions (IV, 2730, footnote). The
House has fixed its title (IV, 2728). While it ought to be a correct
transcript of the proceedings of the House, the House has not insisted
on a strict chronological order of entries (IV, 2815). The Journal is
dated as of the legislative and not the calendar day (IV, 2746) .
The Journal records proceedings but not the reasons therefor (IV,
§70. Journal a 2811) or the circumstances attending (IV, 2812), or
record of the statements or opinions of Members (IV, 2817-
proceedings and not 2820). Exceptions to this rule are rare (IV, 2808,
of reasons. 2825) . Protests have on rare occasions been admitted
by the action of the House (IV, 2806, 2807), but the entry of a protest
on the Journal may not be demanded by a Member as a matter of right
(IV, 2798) and such demand does not present a question of privilege
(IV, 2799).
The House controls its Journal and may decide what are proceedings,
§ 71. House's even to the extent of omitting things actually done
absolute control of or recording things not done (IV, 2784; VI, 634);
entries in the and the Speaker entertained a motion to amend it so
Journal. ^ ^Q cause ft ^o state what was not the fact, leaving
it for the House to decide on the propriety of the act (IV, 2785) , hold-
ing that he could not prevent a majority of the House from so amending
the Journal as to undo an actual transaction (IV, 3091-3093). And
only in rare instances the House has nullified proceedings by rescinding
the records of them in the Journal (IV, 2787), the House and Senate
usually insisting on the accuracy of its Journal (IV, 2783, 2786). In
rare instances the House and Senate have rescinded or expunged entries
in Journals of preceding Congresses (IV, 2730, footnote, 2792, 2793).
The Journal should record the result of every vote and state in
§72 Record of general terms the subject of it (IV, 2804); but the
vote's m the Journal. resul* of a vote is recorded in figures only when the
yeas and nays are taken (IV, 2827) , or when a vote is
taken by ballot, it having been determined in latest practice that the
Journal should show not only the result but the state of the ballot or
ballots (IV, 2832). The Journal does not record the names of Mem-
bers not voting (VI, 637).
[26]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 5], §§ 73-76.
It is the uniform, practice of the House to approve its Journal for
each legislative day (IV, 2731). Where Journals of
u» jouraaT"1 °f m°re than one session remain unapproved, they
are taken up for approval in chronological order
(IV, 2771-2773) . In ordinary practice the Journal is approved by the
House without the formal putting of the motion to vote (IV, 2774).
Transaction of any business, however highly privileged is not in order
before reading and approval of the Journal (IV, 2751; VI, 629, 637).
Reading is dispensed with only by unanimous consent (VI, 625), or
suspension of the rules (IV, 2747-2750) and must be in full when
demanded by any Member (IV, 2739-2741 ; VI, 627-628; Feb. 22, 1950,
p. 2152). It may not be read or approved in absence of a quorum
(IV, 2732, 2733; VI, 629) and yields to simple motion to adjourn (IV,
2757) , a parliamentary inquiry (VI, 624), administration of oath (I,
171, 172), an arraignment of impeachment (VI, 469), and questions
of privilege (II, 1630).
The motion to amend the Journal takes precedence of the motion to
approve it (IV, 2760; VI, 633); but the motion to
§74. Motions to amend may not be admitted after the previous
amend the Journal. . , , . , . , /TTT
question is demanded on a motion to approve (IV,
2770; VI, 633; VIII, 2684). An expression of opinion as to a decision
of the Chair was held not in order as an amendment to the Journal (IV,
2848). A proposed amendment to the Journal being tabled does not
carry the Journal with it (V, 5435, 5436). While a proposed correction
of the Journal may be recorded in the Journal, yet it is not in order to
insert in full in this indirect way what has been denied insertion in the
first instance (IV, 2782, 2804, 2805). The earlier practice was other-
wise, however (IV, 2801-2803). The Journal of the last day of a ses-
sion is not approved on the assembling of the next session, and is not
ordinarily amended (IV, 2743, 2744).
* * * and the Yeas and Nays of the Members
of either House on any question shall, at
§75. Teas and nays
entered on the the Desire of one fifth of those Present,
journal. ^ entered on the Journal.
The yeas and nays may be ordered before the organization of the
House (I, 91; V, 6012, 6013), but are not taken in
Committee <* the Whole (IV, 4722, 4723). They
are no* necessarily taken on the passage of a reso-
lution proposing an amendment to the Constitution
[27]
CONSTITUTION OF THE UNITED STATES
§§77,78. [ARTICLE I, SECTION 5]
(V, 7038, 7039; VIII, 3506), but are required to pass a bill over a veto
(§ 101; VII, 1110). In the earlier practice of the House it was held
that less than a quorum might not order the yeas and nays, but for
many years the decisions have been uniformly the other way (V, 6016-
6028). Neither is a quorum necessary on a motion to reconsider the
vote whereby the yeas and nays are ordered (V, 5693). When a
quorum fails on a yea and nay vote it is the duty of the Speaker and
the House to take notice of that fact (IV, 2953, 2963, 2988), and the
call of the House is automatic under the rule, and the Speaker directs
the roll to be called without motion from the floor (VI, 678, 679, 694,
695). If the House adjourns the order for the yeas and nays remains
effective whenever the bill again comes before the House (V, 6014,
6015; VI, 740; VIII, 3108), and it has been held that the question of
consideration might not intervene on a succeeding day before the second
calling of the yeas and nays (V, 4949) .
The yeas and nays may be demanded while the Speaker is announcing
the result of a division (V, 6039), while a vote by
tellers is beinS taken (V> 6038)> and even aft^r ft*
announcement of the vote if the House has not passed
to other business (V, 6040, 6041; VIII, 3110). But after the Speaker
has announced the result of a division on a motion and is in the act of
putting the question on another motion it is too late to demand the yeas
and nays on the first motion (V, 6042) . And it is not in order during
the various processes of a division to repeat a demand for the yeas and
nays which has once been refused by the House (V, 6029, 6030, 6031).
The constitutional right of a Member to demand the yeas and nays
may not be overruled as dilatory (V, 5737; VIII, 3107) ; but this con-
stitutional right does not exist as to a vote to second a motion when such
second is required by the rules (V, 6032-6036; VIII, 3109). The right
to demand the yeas and nays is not waived by the fact that the Member
demanding them has just made the point of no quorum and caused the
Chair to count the House (V, 6044).
In passing on a demand for the yeas and nays the Speaker need
determine only whether one-fifth of those present
sustaln the demand (V, 6043; VIII, 3112, 3115).
In ascertaining whether one-fifth of those present
support a demand for the yeas and nays the Speaker counts the entire
number present and not merely those who rise to be counted (VIII,
3111, 3120). Such count is not subject to verification and a request for
a rising vote of those opposed to the demand is not in order (VIII,
3112r-3114). After the House, on a vote by tellers, has refused to order
[28]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 5) §§79-82.
the yeas and nays it is too late to demand the count of the negative
on an original rising vote (V, 6045).
A motion to reconsider the vote ordering the yeas and nays is in order
§ 79. Reconsidera- (v» 60295 VIII> 2790), and the vote may be recon-
tion of the vote sidered by a majority. If the House votes to
ordering the yeas reconsider the yeas and nays may again be ordered
and nays. by one-fiftll (y? 5689-5691). But when the House,
having reconsidered, again orders the yeas and nays, a second motion
to reconsider may not be made (V, 6037) . In one instance it was held
that the yeas and nays might be demanded on a motion to reconsider
the vote whereby the yeas and nays were ordered (V, 5689), but evi-
dently there must be a limit to this process. The vote whereby the
yeas and nays are refused may be reconsidered (V, 5692).
In the general but not the universal practice debate has not been
closed by the ordering of the yeas and nays until one
Member has responded to the call (V, 6101-6105,
6160, 6161). A motion to adjourn may be admitted
after the yeas and nays are ordered and before the
roll call has begun (V, 5366) ; and a motion to suspend the rules has
been entertained after the yeas and nays have been demanded on
another matter (V, 6835). Consideration of a conference report (V,
6457) , and a motion to reconsider vote by which the yeas and nays were
ordered (V, 6029; VIII, 2790) may be admitted. A demand for tellers
or for a division is not precluded or set aside by the fact that the yeas
and nays are demanded and refused (V, 5998; VIII, 3103).
Decisions of the Supreme Court of the United States:
Field v. Clark, 143 U. S., 649; United States v.
tVe JuTSl° Ballin> 144 U- S-> *; Twin Citv Bank »• Nebeker,
167 U. S., 196; Wilkes County v. Coler, 180 U. S.,
506; Marshall v. Gordon, 243 U. S., 521.
4 Neither House, during the Session of Congress,
shall, without the Consent of the other.
§ 82. Adjournment . ; TIT
for more than three ad j ourn f or more than three days, nor to
days" any other Place than that in which the
two Houses shall be sitting.
The word "Place" in the above paragraph was construed to mean
the seat of Government, and consent of the Senate is not required
where the House orders its meetings to be held in another structure
[29]
CONSTITUTION OF THE UNITED STATES
5§83,84. [ARTICLE I, SECTION 5]
at the seat of Government (Speaker Ray burn, August 17, 1949,
p. 11651, 11683).
On November 22, 1940, p. 13715, the House of Representatives
adopted a resolution providing that thereafter until otherwise ordered
its meetings be held in the Caucus room of the new House Office Build-
ing. Likewise the Senate on the same day, p. 13709, provided that its
meetings be held in the Chamber formerly occupied by the Supreme
Court in the Capitol. The two Houses continued to hold their sessions
in these rooms until the opening of the 77th Congress. These actions
were necessitated because of the precarious condition of the roofs in the
two Chambers. On June 28, 1949, p. 8571, and on September 1, 1950,
p. 14140, the House provided that until otherwise ordered its meetings
be held in the Caucus room of the new House Office Building, pending
the remodeling of its Chamber. On June 29, 1949, p. 8584, and on
August 9, 1950, p. 12106, the Senate provided that its meetings be held
in the Chamber formerly occupied by the Supreme Court in the Capitol,
pending remodeling of its Chamber. The House returned to its
Chamber on January 3, 1950, and again on January 1, 1951. The
Senate returned to its Chamber on January 3, 1950, and again on
January 3, 1951.
The House of Representatives in adjourning for not "more than three
days" must take into the count either the day of ad-
§ 83. Adjournment journing or the day of meeting, and Sunday is not
of the House within taken into account in making this computation (V,
the three-day limit. ^^ ^^ The House ^ by gtanding Qrder
provided that it should meet on two days only of each week instead of
daily (V, 6675). Before the election of Speaker the House has ad-
journed for more than one day (I, 89, 221).
Congress is adjourned for more than three days by a concurrent res-
olution (IV, 4031, footnote). When it adjourns in
§ 84. Resolutions thig waVj but not to or beyond the day fixed by Con-
for adjournment of stitution or law for the next regular session to begin,
the two Houses. ,, . , ,, , .. , . , /•«••/
the session is not thereby necessarily terminated (V,
6676, 6677). Until the Sixty-seventh Congress neither House had ever
adjourned for more than three days by itself with the consent of the
other, but resolutions had been offered for the accomplishment of that
end (V, 6702, 6703). On June 30, 1922, the House adjourned until
August 15, 1922, with the consent of the Senate. Pursuant to a con-
current resolution (House Concurrent Resolution 266) the Senate
granted its consent to an adjournment sine die of the House on August
20, 1954, and the House granted its consent to the Senate to an adjourn-
ment sine die at any time prior to December 25, 1954. The Senate
acting under the authority of the aforementioned resolution adjourned
sine die on December 2, 1954. On one occasion the two Houses pro-
vided for an adjournment to a certain day, with a provision that if
there should be no quorum present on that day the session should
[30]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTIONS, 5, 6] §§85-87.
terminate (V, 6686). The two Houses have adjourned to a certain
day, with a provision that they may be reassembled by the Leader-
ship if legislative expediency so required such reassembling (July
8, 1943, p. 7516; June 23, 1944, p. 6667; Sept. 21, 1944, p. 8109; July
18, 1945, p. 7733; July 26, 1947, p. 10521; June 20, 1948, p. 9348; and
August 7, 1948, p. 10247). A concurrent resolution to provide for ad-
journment for more than three days is offered in the House as a matter
of privilege (V, 6701-6706), and is not debatable (VIII, 3372-3374).
The Legislative Reorganization Act of 1946 provides for sine die ad-
journment, except in time of war or during a national emergency
proclaimed by the President, not later than the last day of July (Sun-
days excepted) each year unless otherwise provided by the Congress
(§ 940).
A resolution providing for an adjournment sine die is not debatable
(VIII, 3372-3374).
SECTION 6. 1 The Senators and Representatives
§ ss. compensation shall receive a Compensation for their
of Members. Services, to be ascertained by Law,
and paid out of the Treasury of the United States.
* * *
This compensation has been ascertained by law at various times,
the present rate being fixed at $22,500 a year (2
§ 86. Salary, mUeage, U. S. C. 31). This rate is received by Members,
and deductions. Delegates, and the Resident Commissioner from
Puerto Rico. The compensation of the Speaker
and Vice President is at the rate of $35,000 a year and $10,000 per
annum to assist in defraying expenses (2 U. S. C. 31, 31b; 3 U. S. C.
104, 111). The Members receive mileage at the rate of 20 cents per
mile estimated by the nearest route usually traveled in going to and
returning from each regular session (II, 1159, 1160, 2 U. S. C. 43).
The statutes also provide for deductions from the pay of Members
and Delegates who are absent from the sessions of the House for rea-
sons other than illness of themselves and families, or who retire before
the end of the Congress (2 U. S. C. 39; IV, 3011, footnote). The law
as to deductions has been held to apply only to Members who have
taken the oath (II, 1154). Members and Delegates are paid monthly
on certificate of the Speaker. The Sergeant-at-Arms, or in case of
his disability the Treasurer of the United States, disburses the pay of
Members (31 U. S. C. 148).
Questions have arisen frequently as to compensation of Members,
especially in cases of Members elected to fill vacan-
§ 87. Questions as to cies (I, 500; II, 1155) and where there have been
compensation. questions as to incompatible offices (I, 500) or titles
to seats (II, 1206).
[31]
CONSTITUTION OF THE UNITED STATES
§§88-91. [ARTICLE I, SECTION 61
Each Member, Delegate, and the Resident Commissioner from
Puerto Rico receives tin allowance annually for
§ 88. Stationery, stationery, telegraph, telephone toll charges, and
telephone, and clerk stamps and the Clerk maintains a stationery room
hireaiiowance. f^ gupplying articles (II, 1161, 1102; 2 U. S. C. 42a,
42b, 46b, 46f). Clerk hire is provided for each Member, Delegate,
and Resident Commissioner at the rate of $17,500 ($20,000 if the
constituency is five hundred thousand or more) per annum, no employee
to receive a base salary in excess of $7,000 per annum (2 U. S. C.
60g-l).
Decisions of the courts:
Page t;. U. S., 127 U. S., 67; Shelley v. U. S., 10 Ct. CL, 653; Wilson v.
U. S., 44 Ct. CL, 428.
* * * They [the Senators and Representatives]
shall in all Cases, except Treason,
§89. privilege of Felony, and Breach of the Peace, be
Members from arrest. ••tit* A i /t
privileged from Arrest during their
Attendance at the Session of their respective Houses,
and in going to and returning from the same; * * *
The word "felony" in this provision has been interpreted not to refer
to a delinquency in a matter of debt (III, 2676), and
§ 90. Assertions of "treason, felony, and breach of the peace" have been
construed to meiin a11 indictable crimes (III, 2673).
The courts have discussed and sustained the privilege
of the Member in going to and returning from the session (III, 2674) ;
and where a person assaulted a Member on his way to the House, al-
though at a place distant therefrom, the House arrested him on warrant
of the Speaker, arraigned him at the bar and committed him (II, 1626,
1628). Other assaults under these circumstances have been treated
as breaches of privilege (II, 1645) . Where a Member had been arrested
and detained under mesne process in a civil suit during a recess of
Congress, the House decided that he was entitled to discharge on the
assembling of Congress, and liberated him and restored him to his seat
by the hands of its own officer (III, 2676). Service of process is dis-
tinguished from arrest in civil cases and related historical data are
collected in Long v. Ansell, 293 U. S. 76.
*
.«. , .
privileged from bate in either House, they [the Senators
r° debate. ^^ Representatives] shall not be ques-
tioned in any other place.
This privilege as to "any speech or debate" applies generally to
"things done in a session of the House by one of its Members in relation
[32]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 6] §§ 92-94.
to the business before it" (II, 1655; III, 2675). For assaulting a Mem-
ber for words spoken in debate, Samuel Plouston, not a Member, was
arrested, tried, and censured by the House (II, 1616-1619). Where
Members have assaulted other Members for words spoken in debate
(II, 1656), or proceeded by duel (II, 1644), or demanded explanation in
a hostile manner (II, 1644), the House has considered the cases as of
privilege. A communication addressed to the House by an official in
an Executive Department calling in question words uttered by a Mem-
ber in debate was criticised as a breach of privilege and withdrawn
(III, 2684). An explanation having been demanded of a Member by
a person not a Member for a question asked of the latter when a witness
before the House, the matter was considered but not pressed as a
breach of privilege (III, 2681). A letter from a person supposed to
have been assailed by a Member in debate, asking properly and without
menace if the speech was correctly reported, was held to involve no
question of privilege (III, 2682). Unless it be clear that a Member
has been questioned for words spoken in debate, the House declines to
act (II, 1620; III, 2680).
For assaulting a Member, Charles C. Glover was arrested, arraigned
at the bar of the House, and censured by the Speaker by direction of
the House, although the provocation of the assault was words spoken
in debate in the previous Congress (VI, 333).
Decisions of the Supreme Court of the United States :
Cox v. M'Clenachan, 3 Dall., 478; U. S. v. Cooper,
§92. Decisions of 4 DalLj 341; Rilbourn Vm Thompson, 103 U. S., 168;
the court. Williamson v. U. S., 207 U. S., 425; Prigg v. Penn-
sylvania, 16 Pet., 619; Burton v. U. S., 196 U. S., 295; Bolton v. Martin,
1 Dall., 296; U. S. v. Kirby, 7 Wall., 486; Anderson v. Dunn, 6 Wheat.,
215; Marshall v. Gordon, 243 U. S. 521.
2 No Senator or Representative shall, during the
Time for which he was elected, be ap-
§ 93. Restriction on . , /~v «i /-\YY* i j_l
appointment of pointed to any Civil Office under the
Members too ce. Authority of the United States, which
shall have been created, or the Emoluments whereof
shall have been encreased during such time ; * * * .
In a few cases questions have arisen under this paragraph (I, 506,
footnote) .
* * * and no Person holding any
L9toM oLfunTer Office under the United States, shall be
the United States. & Member Qf
Continuance in Office.
[33]
CONSTITUTION OF THE UNITED STATES
§§95,96. [ABTICLE I, SECTION 6J
The meaning of the word "office" as used in this paragraph has been
discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the
general subject of incompatible offices (I, 563).
The Judiciary Committee has concluded that members of commis-
sions created by law to investigate and report, but
having no legislative, executive, or judicial powers,
and visitors to academies, regents, directors, and
trustees of public institutions, appointed under the law by the Speaker,
are not officers within the meaning of the Constitution (I, 493). Mem-
bership on joint. committees created by statute is not an office in the
contemplation of the Constitutional provision prohibiting Members of
Congress from holding simultaneously other offices under the United
States (VII, 2164). A Member of either House is eligible to appoint-
ment to any office not forbidden him by law, the duties of which are
not incompatible with those of a Member (VI, 63) and the question as
to whether a Member may be appointed to the Board of Managers of
the Soldiers' Home and become local manager of one of the Homes, is
a matter for the decision of Congress itself (VI, 63). The House has
also distinguished between the performance of paid services for the
Executive (I, 495), like temporary service as assistant United States
attorney (II, 993) , and the acceptance of an incompatible office. The
House has declined to hold that a contractor under the Government is
constitutionally disqualified to serve as a Member (I, 496). But the
House, or its committees, have found disqualified a Member who was
appointed a militia officer in the District of Columbia (I, 486) and in
various States (VI, 60), and Members who have accepted commissions
in the Army (I, 491, 492, 494). But the Judiciary Committee has
expressed the opinion that persons on the retired list of the Army do
not hold office under the United States in the constitutional sense (I,
494). A Member-elect has continued to act as governor of a State
after the assembling of the Congress to which he was elected (I, 503) ,
but the duties of a Member of the House and the Governor of a State
are absolutely inconsistent and may not be simultaneously discharged
by the same Member (VI, 65) .
The House decided that the status of a Member-elect was not
§96. Appointment affected by the constitutional requirement (I, 499),
of Members-elect to the theory being advanced that the status of the
offices under the Member-elect is distinguished from the status of
United states. the Member who has qualified (I, 184). And a
Member-elect, who continued in an office after his election but resigned
before taking his seat, was held entitled to the seat (I, 497, 498). But
[34]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTIONS 6, 7] §§97-99.
when a Member-elect held an incompatible office after the meeting of
Congress he was held to have disqualified himself (I, 492). In other
words, the Member-elect may defer until the meeting of Congress his
choice between the seat and an incompatible office (I, 492).
The House has manifestly leaned to the idea that a contestant holding
§ 97. Relation of an incompatible office need not make his election
contestants to until the House has declared him entitled to the seat
incompatible (i? 5Q5). Although a contestant had accepted and
offices* held a State office in violation of the state constitu-
tion, if he were really elected a Congressman, the House did not treat his
contest as abated (II, 1003). Where a Member had been appointed
to an incompatible office a contestant not found to be elected was not
admitted to fill the vacancy (I, 807) .
Where a Member has accepted an incompatible office, the House has
assumed or declared the seat vacant (I, 501, 502; VI,
§ 98. Procedure of 65). In the cases of Baker and Yell, the Elections
the House when Committee concluded that the acceptance of a com-
incompatible offices . . . *
are accepted. mission as an office of volunteers in the national army
vacated the seat of a Member (I, 488), and in another
similar ease the Member was held to have forfeited his right to a seat
(I, 490) . The House has seated a person bearing regular credentials on
ascertaining that his predecessor in the same Congress had accepted a
military office (I, 572). But usually the House by resolution formally
declares the seat vacant (I, 488, 492) . A Member-elect may defer until
the meeting of Congress his choice between the seat and an incom-
patible office (I, 492) . But when he retains the incompatible office and
does not qualify, a vacancy has been held to exist (I, 500) . A resolution
excluding a Member who has accepted an incompatible office may be
agreed to by a majority vote (I, 490). A Member charged with
acceptance of an incompatible office was heard in his own behalf
during the debate (I, 486).
SECTION 7. 1A11 Bills for raising Revenue shall
originate in the House of Representa-
§99. Ems raising tives: but the Senate may propose or
revenue to originate ' . ^ c ^
in the House. concur with Amendments as on other
Bills.
This provision has been the subject of much discussion (II, 1488,
1494). In the earlier days the practice was not always correct (II,
[35]
CONSTITUTION OP THE UNITED STATES
§§ 100, 101. [ARTICLE I, SECTION 7]
1484) ; but in later years the House has insisted on its prerogative and
the Senate has often shown reluctance to infringe thereon (II, 1482,
1483, 1493). In several instances, however, the subject has been mat-
ter of contention, conference (II, 1487, 1488), and final disagreement
(II, 1485, 1487, 1488). Sometimes, however, when the House has
questioned an invasion of prerogative, the Senate has receded (II, 1486,
1493). The disagreements have been especially vigorous over the
right of the Senate to concur with amendments (II, 1489), and while
the Senate has acquiesced in the solo right of the House to originate
revenue bills, it has at the same time held to a broad power of amend-
ment (II, 1497-1499). The House has frequently challenged the
Senate on this point (II, 1481, 1491, 1496; Feb. 1, 1909, p. 1684).
When the House has conceived that its prerogative has boon invaded,
it has ordered the bill to be returned to the Senate (II, 1493-1495;
VI, 317; March 30, 1937, p. 2930; H. Res. 598, July 2, 1960), or
declined to proceed further with it (II, 1485). A bill raising revenue
incidentally was held not to infringe upon the constitutional prerogative
of the House to originate revenue legislation (VI, 315). Discussion
of differentiation between bills for the purpose of raising revenue and
bills which incidentally raise revenue (VI, 315). A revenue question
was not objected to until the stage of conference (II, 1942; VI, 314).
A question relating to the invasion of the Constitutional prerogatives
of the House by a Senate amendment comes too late after the bill has
been sent to conference (VI, 314). On January 1(>, 1924, p. 1027, the
Senate decided that a bill proposing a gasoline tax in the District of
Columbia should not originate in the Senate (VI, 316).
Decisions of the Supreme Court of the United States:
U. H. v. Norton, 91 U. S., 569; Field v. Clark, 143
ftiM n *• U.S., 649; Twin City Bank v. Ncboker, 167 U. S,
of the ^r118 196J Millard v. Roberts, 202 U. S., 429; Rainey v.
U. S., 232 U. S., 310; Flint v. Stone Tracy Co., 220
U. S., 107; Hubbard v. Lowe, 226 Fed., 135; U. S. ».
Hill, 123 U. S., 681.
2 Every Bill which shall have passed the House of
§ ML Approval Representatives and the Senate, shall,
and disapproval of before it become a Law, be presented
bills by the President. , ., -^ ., ,. ., '.,,_,
to the President of the United States;
If he approve he shall sign it, but if not he shall
[36]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 7] § 102.
return it, with his Objections to that House in which
it shall have originated, who shall enter the Objec-
tions at large on their Journal, and proceed to recon-
sider it. If after such Reconsideration two thirds of
that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other
House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall
become a Law. But in all such Cases the Votes of
both Houses shall be determined by Yeas and Nays,
and the Names of the Persons voting for and against
the Bill shall be entered on the Journal of each
House respectively. * * *.
The approval of a bill by the President of the United States is valid
only with his signature (IV, 3490). Prior to the
§ 1ro'^i!ieaet0f adoption of the twentieth amendment to the Con-
approva . stitution, at the close of a Congress, when the
two Houses prolonged their sessions into the forenoon of March 4,
the approvals were dated on the prior legislative day, as the legisla-
tive portion of March 4 belonged to the term of the new Congress.
In one instance, however, bills signed on the forenoon of March 4
were dated as of that day with the hour and minute of approval given
with the date (IV, 3489) . The twentieth amendment to the Constitu-
tion changed the date of meeting of the Congress to January 3d. The
act of President Tyler in filing with a bill an exposition of his reasons
for signing it was examined and severely criticized by a committee of
the House (IV, 3492) ; and in 1842 a committee of the House discussed
the act of President Jackson in writing above his signature of approval
a memorandum of his construction of the bill (IV, 3492). But where
the President has accompanied his message announcing the approval
with a statement of his reasons there has been no question in the House
(IV, 3491). The statutes require that bills signed by the President
shall be received by the Administrator of General Services and de-
posited in his office (1 U. S. C. 106a). Formerly these bills were
received by the Secretary of State (IV, 3485) and deposited in his
office (IV, 3429).
625S10— H. Doc. 459, S6-2 4 [37]
CONSTITUTION OP THE UNITED STATES
§§105-105. [ARTICLE I, SECTION 7]
Notice of the signature of a bill by the President is sent by message
to the House in which it originated (VII, 1089) and
§ 103. Notice of that House informs the other (IV, 3429). But this
approval sent by notice is not necessary to the validity of the act (IV,
message. 3495). Sometimes, at the close of a Congress the
President informs the House of such bills as he has
approved and of such as he has allowed to fail (IV, 3499-3502). In
one instance he communicated his omission to sign a bill through the
committee appointed to notify him that Congress was about to adjourn
(IV, 3504). A bill that had not actually passed having been signed
by the President, he disregarded it and a new bill was passed (IV, 3498).
Messages of the President giving notice of bills approved are entered
in the Journal and published in the Congressional Record (V, 6593) .
A message withholding approval of a bill, called a veto message, is
sent to the House in which the bill originated; but it
§ 104. Disapproval has been kelcj .^at sucn a message may not be
(or veto) of bills. returned to the President on his request after it has
been laid before the Senate (IV, 3521). Instance where a veto mes-
sage which had not been laid before the House was returned to the
President on his request (Aug. 1, 1946, p. 10651). A vetoed bill
received in the House by way of the Senate is considered as if
received directly from the President and supersedes the regular
order of business (IV, 3537; VII, 1109). A veto message may not be
read in the absence of a quorum, even though the House be about to
adjourn sine die (IV, 3522; VII, 1094) ; but the message may be read
and acted on at the next session of the same Congress (IV, 3522).
When the President has been prevented by adjournment from
returning a bill with his objections he has sometimes at the next
session communicated his reasons for not approving (V, 6618-6620).
It is the usual but not invariable rule that a bill returned with the
objections of the President shall be voted on at once
(IV, 3534-3536) and when ]aid before the House the
§ 105. Consideration question on the passage is considered as pending and
of a vetoed bm in no motion from the floor is required (VII, 1097-1099),
the ouse. j^ jt ^^ ^QQIi ^^ ^^ ^Q constitutional mandate
that "the House shall proceed to consider" means
that the House shall immediately proceed to con-
sider it under the rules of the House, and that the ordinary motions
under the rules of the House — to refer, to commit, or to postpone to
a day certain—are in order (IV, 3542-3550; VII, 1105, 1113), and are
debatable under the hour rule (VIII, 2740). A motion to refer a
vetoed bill, either with or without the message, has been held allowable
within the constitutional mandate that the House "shall proceed to
[38]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 7] §§ 108, 107.
reconsider" (IV, 3550; VII, 1105, 1108, 1114). But while the ordi-
nary motion to refer may be applied to a vetoed bill, it is not in order
to move to recommit it pending the demand for the previous question
or after it is ordered (IV, 3551; VII, 1102). A vetoed bill having been
rejected by the House, the message was referred (IV, 3552; VII, 1103).
Committees to which vetoed bills have been referred have sometimes
neglected to report (IV, 3523, 3550, footnotes; VII, 1108, 1114).
A vetoed bill may be laid on the table (IV, 3549; VII, 1105), but it
is still highly privileged and a motion to take it from the table is in
order at any time (IV, 3550; V, 5439). Also a motion to discharge a
committee from the consideration of such a bill is privileged (IV, 3532) .
While a vetoed bill is always privileged, the same is not true of a bill
reported in lieu of it (IV, 3531; VII, 1103).
If two-thirds of the House to which a bill is returned with the Presi-
dent's objections agree to pass it, and then two-thirds
of the other Hoiuse also aSree» !t becomes a law
(IV, 3520). The yeas and nays are required to pass
a bill over the President's veto (IV, 2726, 3520; VII, 1110). The two-
thirds vote required to pass the bill is two-thirds of the Members
present and not two-thirds of the total membership of the House
(IV, 3537, 3538; Missouri Pac. Ry. Co. v. Kansas, 248 U. S., 276).
Only Members voting should be considered in determining whether
two-thirds voted in the affirmative (VII, 1111). Motion to reconsider
may not be applied to the vote on reconsideration of a bill returned
with the objections of the President (V, 5644; VIII, 2778).
It is the practice for one House to inform the other by message of its
decision that a bill returned with the objections of the President shall
not pass (IV, 3539-3541). A bill passed notwithstanding the objec-
tions of the President is sent by the presiding officer of the House
which last acts on it to the Administrator of General Services who
receives it and deposits it in his office (1 U. S. C. 106a). Formerly
these bills were sent to the Secretary of State (IV, 3524) and deposited
in his office (IV, 3485).
A bill incorrectly enrolled has been recalled from the President, who
5 107. Errors in erased his signature (IV, 3506) . Bills sent to the
bills sent to the President but not yet signed by him are sometimes
President. recalled by concurrent resolution of the two Houses
(IV, 3507-3509; VII, 1091), and amended; but this proceeding is
regarded as irregular (IV, 3510-3518). An error in an enrolled bill
that has gone to the President may also be corrected by a joint resolu-
tion (IV, 3519; VII, 1092).
f391
CONSTITUTION OF THE UNITED STATES
8 108. [ARTICLE I, SECTION 71
Decisions of the Supreme Court of the United States:
Missouri Pac, Ry. Co. v. Kansas, 248 U. S., 276; U. S. v. Smith, 286
U. S., 6; Edwards 'v. U. S., 286 U. S., 482; Wright v. United States, 302
U. S/, 583.
* * * If any Bill shall not be returned by the
HOB. Bins ^hich President within ten Days (Sundays
become laws excepted) after it shall have been pre-
Pr^deVt^ sented to him, the Same shall be a
approval. Law, in like manner as if he had signed
it, unless the Congress by their Adjournment prevent
its Return, in which Case it shall not be a Law.
A bill signed by the President within ten days (Sunday excepted)
after it has been presented to him becomes a law even though such
signing takes place when Congress is not in session, whether during the
period of an adjournment to a day certain or after the final adjournment
of a session. Presidents currently sign bills after sine die adjournment
but within ten days after their receipt. President Truman signed
several bills passed in the Eighty-first Congress after the convening of
the Eighty-second Congress but within ten days (Public Laws 910-921,
81st Cong., 2d Sess.; 64 Stat. 1221-1257). It was formerly contended
that the President might not approve bills during a recess (IV, 3493,
3494), and in one instance, in 1864, when the President signed a bill
after final adjournment of Congress but within ten days grave doubts
were raised and an adverse report was made by a House committee
(IV, 3497). Later opinions of the Attorney General have been to
the effect that the President has the power to approve bills within
ten days after they have been presented to him during the period
of an adjournment to a day certain (IV, 3496) and after an adjourn-
ment sine die (VII, 1088). The Supreme Court has held valid as
laws bills signed by the President within ten days during a recess for
a specified time (La Abra Silver Mining Co. v. U. S., 175 U. S. 451,
IV, 3495) and also those signed after an adjournment sine die (Edwards
v. U. S., 286 U. S. 482). Doubt had existed as to whether a bill which
remains with the President ten days without his signature, Congress
meanwhile before the tenth day having adjourned to a day certain,
becomes a law (IV, 3493; VII, 1115); and an opinion of the Attorney
General in 1943 held that under such circumstances a bill not signed
by the President does not become a law (40 Op. Atty. Gen. 274).
A bill which is passed by both Houses of Congress during the
first regular session of a Congress and presented to the President
[40]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 7] §§ 109,110.
less than ten days (Sundays excepted) before the adjournment of that
session, but is neither signed by the President, nor returned by him to
the House in which it originated, does not become a law ("The Pocket
Veto Case," 279 U. S. 655; VII, 1115). President Truman during an
adjournment to a day certain pocket vetoed several bills passed by the
Eighty-first Congress and also, after the convening of the Eighty-second
Congress, pocket vetoed one bill passed in the Eighty-first Congress.
The President was advised that when Congress adjourns, not sine die,
vetoed bills should be returned (IV, 3496), and the adjournment of
the House of origin for not exceeding three days while the other branch
of the Congress remained in session, did not prevent a return of the
vetoed bill to the House of origin (Wright v. U. S., 302 U. S. 583).
Decisions of the Supreme Court of the United States:
*™ft ^ ,- * Field v- Clark, 143 U. S. 649; United States v.
§109. Decisions of Ballin, 144 U. S. 1; Twin City Bank v. Nebeker, 167
U. S. 196; La Abra Silver Mining Co. v. United
States, 175 U. S. 423; Wilkes County v. Coler, 180 U. S. 506; The
Pocket Veto Case, 279 U. S. 655; Edwards v. U. S., 286 U. S. 482;
Wright v. U. S., 302 U. S. 583.
3 Every Order, Resolution, or Vote to which the
§ no. AS to Concurrence of the Senate and House
presentation of of Representatives may be necessary
(«cept on a question of Adjournment)
shall be presented to the President of
the United States; and before the Same shall take
Effect, shall be approved by him, or being disap-
proved by him, -shall be repassed by two thirds of
the Senate and House of Representatives, according
to the Rules and Limitations prescribed in the Case
of a Bill.
It has been settled conclusively that a joint resolution proposing an
amendment to the Constitution should not be presented to the Presi-
dent for his approval (V, 7040). Such joint resolutions, after passage
by both Houses, are presented to the Administrator of General Services
(2 U. S. C. 106b). S. J. Res. 39, 86th Congress, a joint resolution pro-
posing an amendment to the Constitution of the United States granting
representation in the electoral college to the District of Columbia,
was presented to the Administrator of General Services on June 17, 1960.
Although the requirement of the Constitution seems specific, the prac-
tice of Congress has been to present to the President for approval only
such concurrent resolutions as are legislative in effect (IV, 3483, 3484)
which is not within the scope of the modern form of concurrent reso-
lutions,
[41]
CONSTITUTION OF THE UNITED STATES
§§111-113. t ARTICLE I, SECTION 8]
Decisions of the Supreme Court of the United States:
Field v. Clark, 143 U. S., 649; United States v.
§m. Decisions Baffin, 144 U. S., 1; Fourteen Diamond Rings v.
of the court.
SECTION 8. The Congress shall have Power l To
Thereve- lay and collect Taxes, Duties, Imposts
and Excises, to pay the Debts and pro-
vide for the cc >mon Defence and general Welfare of
the United States; but all Duties, Imposts, and Ex-
cises shall be uniform throughout the United States;
Decisions of the Supreme Court of the United States:
Hyltonv. United States, 3 Dall., 171; McCullochv.
§113. Decisions gtato of Marylandj 4 ^h,, 316; Loughborough v.
of the court. Elfik- , 5 Wh., 317; Osborn v. Bank of the United
States, 9 Wh., 738; We? ,on et al. v. City Council of Charleston, 2 Pet.,
449; Dobbins v. The Commissioners of Erie County, 16 Pet., 435; Li-
cense Cases, 5 How., 50-1; Cooley v. Board of Wardens of Port Philadel-
phia et al., 12 How., 299; McGuire v. The Commonwealth, 3 Wall., 387;
Van Allen v. The Assessors, 3 Wall., 573; Bradley v. The People, 4 Wall,.
459; License Tax Cases, 5 Wall., 462; Pervear v. The Commonwealth,
5 Wall., 475; Woodruffs. Parham, 8 Wall., 123; Hinson v. Lott, 8 Wall.,
148; Veazie Bank v. Fenno, 8 Wall., 533; The Collector v. Day, 11 Wall,
113; United States v. Singer, 15 Wall., Ill; State tax on foreign-held
bonds, 15 Wall., 300; United States v. Railroad Company, 17 Wall,
322; Railroad Company v. Peniston, 18 Wall., 5; Scholey v. Rew, 23
Wall., 331; National Bank v. United States, 101 U. S., 1; Springer v.
United States, 102 U. S. 586; Legal Tender Case, 110 U. S., 421; Head
Money Cases, 112 U. S. 580; Van Brocklin v. State of Tennessee, 117
U. S. 151; Field v. Clark, 143 U. S., 649; New York, Lake Erie and
Western R. R. v. Pennsylvania, 153 U. S. 628; Pollock v. Farmers7
Loan and Trust Co. (Income Tax Case), 157 U. S., 429; United States
v. Realty Company, 163 U. S. 427; In re Kollock, 165 U. S. 526;
Nicol v. Ames, 173 U. S., 509; Knowlton v. Moore, 178 U. S., 41; De
Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 182 U. S., 222;
Fourteen Diamond Riings v. United States, 183 U. S., 176; Felsenheld,
v. United States, 186 U. S., 126; Thomas v. United States, 192 U. S., 363;
Binns v. United States, 194 U. S., 486; South Carolina v. United States,
199 U. S., 437; Flaherty v. Hanson, 215 U. S., 515; Flint v. Stone Tracy
Co., 220 U. S., 107; Billings v. U. S., 232 U. S., 261; Rainey v. U. S., 232
U. S., 310; Bailey v. Drexel Furn. Co. (child labor), 259 U. S., 20; Hill v.
WaUace, 259 U. S., 44; Browne v. Thorne, 260 U. S., 137; Trusler v.
Crooks, 269 U. S., 475; U. S. v. Butler (A. A. A.), 297 U. S. 1; Graves v.
N. Y., 306 U. S. 466.
[42]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 8] §§ 114-117.
§ 114. The borrowing 2 To borrow Money on the credit of
power* the United States:
Decisions of the Supreme Court of the United States:
McCulloch v. The State of Maryland, 4 Wh., 316;
115
Weston et al. v. The City Council of Charleston, 2
Pet., 449; Bank of Commerce v. New York City, 2
Black, 620; Bank Tax Cases, 2 Wall., 200; The Bank v. The Mayor, 7
Wall., 16; Bank v. Supervisors, 7 Wall., 26; Hepburn v. Griswold, 8
Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Parker v.
Davis, 12 Wall., 457; Legal Tender Case, 110 U. S., 421; Home In-
surance Company v. New York, 134 U. S., 594; Home Savings Bank v.
Des Moines, 205 U. S., 503; U. S. v. Sacks, 257 U. S., 37; Perry v. U. S.,
294 U. S., 330.
3 To regulate Commerce with foreign Nations, and
§ lie. Power over among the several States, and with the
commerce. Indian Tribes;
Decisions of the Supreme Court of the United States:
Gibbons v. Ogden, 9 Wheat., 1; Brown v. Maryland
§ 117. Decisions of 12 Wheat., 419; Trade-mark Cases, 100 U. S., 96;
the court. Paul v. Virginia, 8 Wall., 168; Cooley v. Philadelphia,
12 How., 299; Hall v. De Cuir, 95 U. S., 487; Pensa-
cola Tel. Co. v. Western Union, 96 U. S., 9; U. S. v. Knight Co., 156
U. S., 1; The Shreveport Case, 234 U. S., 342; Addyston Pipe & Steel
Co. v. U. S., 175 U. S., 211; Champion v. Ames, 188 U. S., 321; I. C. C. v.
Delaware, etc., R. Co., 220 U. S., 235; Dahnke- Walker Co. v. Bondu-
rant, 257 U. S., 282; U. S. v. U. S. Steel Corp., 251 U. S., 417; Duplex
Co. v. Deering, 254 U. S., 443; Federal Trade Comm. v. Beech-Nut
Co., 257 U. S., 441; Texas v. I. C. C., 258 U. S., 158; Krichman v.
U. S., 256 U. S., 363; Northern Pac. R. Co. v. North Dakota, 250
U. S., 135; Penn. R. Co. v. Weber, 257 U. S., 85; Cent. R. Co. v. U. S.,
257 U. S. 247; Wisconsin v. Chicago, etc., R. Co., 257 U. S., 563;
United Fuel Gas Co. v. Hallanan, 257 U. S., 277; Baltimore, etc.,
R. Co. v. Settle, 260 U. S., 166; South Covington, etc., R. Co. v.
Ky., 252 U. S., 399; Texas v. Eastern Texas R. Co., 258 U. S., 204;
Michigan Cent. R. Co. v. Owen & Co., 256 U. S., 427; Williams v. U. S.,
255 U. S., 336; American Column Co. v. U. S., 257 U. S., 377; Crescent
[43]
CONSTITUTION OF THE UNITED STATES
§§ 118> n9. [ARTICLE I, SECTION 8]
Oil Co. v. Miss., 257 U. S., 129; Weeds v. U. S. 255 U. S., 109; Lemke v.
Farmers Grain Co., 258 U. S., 50; Mo. Pac. R. Co. v. McGrew Coal Co.,
256 U. S., 134; St. Louis, etc., R. Co. v. Mo., 254 U. S., 535; Erie R. Co,
v. New Jersey, 254 U. S., 394; Denver R. Co. v. Denver, 250 U. S., 241;
Penn. Gas Co. v. Public Service Cornm., 252 U. S., 23; Mackay Tel.,
etc., Co. v. Little Rock, 250 U. S., 94; Economy Light Co. v. U. S., 256
U. S., 113; Shively v. Bowlby, 152 U. S., 1; International Bridge Co. v.
New York, 254 U. S., 126; Wallace v. Hines, 253 U. S., 66; Davis v.
Wallace, 257 U. S., 478; Postal Tel. Cable Co. v. Fremont, 255 U. S.,
124; St. Louis, etc., R. Co. v. Hagerman, 256 U. S., 314; Underwood
Typewriter Co. v. Chamberlain, 254 U. S., 113; Wagner v. Covington,
251 U. S., 95; Askren v. Continental Oil Co., 252 U. S., 444; Heisler
v. Thomas Colliery Co., 260 U. S., 245; American Mfg. Co. v. St. Louis,
250 U. S., 459; National Union v. Wanberg, 260 U. S., 71; Dayton
Goose Creek R. Co. v. United States, 263 U. S., 456; New Jersey v.
Sargent, 269 U. S., 328; Gen. Araer. Tank Car Corp. v. Day, 270 U. S.
367; Moore v. N. Y. Cotton Exchange, 270 U. S. 593; Colorado v.
United States, 271 U. S., 153; Thornton v. United States, 271 U. S.,
414; Di Santo v. Pennsylvania, 273 U. S., 34; Assigned Car Cases, 274
U. S., 564; Interstate Busses Corp. v. Blodgett, 276 U. S., 245; Foster
Packing Co. v. Haydel, 278 U. S., 1; Wisconsin v. Illinois, 278 U. S., 367;
Baldwin v. G. A. F. Seelig, 294 U. S., 511; Retirement Board v. Alton
R. Co., 295 U. S., 330; Schechter Corp. v. U. S. (N. R. A.), 295 U. S.,
495; Carter v. Carter Coal Co., 298 U. S., 238; Edwards v. California,
314 U. S., 160.
4 To establish an uniform Rule of Naturalization,1
and uniform Laws on the subject of
Bankruptcies throughout the United
States ;2
Decisions of the Supreme Court of the United States:
1 Chirac v. Chirac, 2 Wheat., 259; 1 Osborn v. U. S.
tVe ™£ttel<mS ° Bank> 9 Wheat., 827; 1 Ogden v. Saunders, 12 Wheat.,
276; i Shanks v. Dupont, 3 Pet., 242; t G assies v.
Ballon, 6 Pet., 761; * Dred Scott v. Sanford, 19 How., 392; 1 Hauenstein
v. Lynham, 100 U. S., 483; 1 Elk v. Wilkins, 112 U. S., 101; 1 Nishimura
Ekiu v. U. S., 142 U. S., 651; » Boyd v. Nebraska, 143 U. S., 162; 1 U. S.
v. Wong Kim Ark, 169 U. S., 703; 1 Holmgren v. U. S., 217 U. S., 509;
1 Luria v. U. S., 231 U. S., 9; 2 Sturges v. Crowninshield, 4 Wh., 122;
2 McMillan v. McNeil, 4 Wh., 209; 2 Farmers and Mech. Bank v.
Smith, 6 Wh., 131; 2 Ogden v. Saunders, 12 Wh., 213; 2 Boyle v. Zach-
[44]
CONSTITUTION OF THE UNITED STATES
[ABTICLE I, SECTION 8] §§ 120-125.
arie, 6 Pet., 348; 2 Beers v. Haughton, 9 Pet., 329; 2 Suydam v. Broad-
nax, 14 Pet., 67; 2 Cook v. Moffat, 5 How., 295; 2 New Lamp Chimney
Co. v. Ansonia Brass Co., 91 TL S., 661; 2 U. S. v. Fox, 95 U. S., 672;
2 Canada Southern Ry. Co. v. Gebhard, 109 U. S., 539; 2 Butler v.
Goreley, 146 U. S., 303; 2 Hanover National Bank v. Moyses, 186
U. S., 181 ; 2 SteUwagen v. Clum, 245 U. S. 605.
. ^ „ . 5 To coin Money, regulate the Value
§ 120. Coinage, J ' &
weights, and thereof , and of foreign Coin, and fix the
measures. Standard of Weights and Measures;
Decisions of the Supreme Court of the United States:
s 121 D • • f Briscoe v. The Bank of the Commonwealth of Ken-
the cirart.01810118 ° tucky, 11 Pet., 257; Fox v. The State of Ohio, 5 How.
410; United States v. Marigold, 9 How., 560; Smith
t>. Kansas City Title Co., 255 U. S., 180; Norman v. B. & O. R. Co., 294
U. S. 240; Perry v. U. S., 294 U. S., 330.
6 To provide for the Punishment of counterfeiting
§ 122. counter- the Securities and current Coin of the
felting. United States;
Decisions of the Supreme Court of the United States:
123 Decisions of F°X V' The State °f °hi°' 5 How'» 410' United
the cour^CIS1°nS ° States v. Marigold, 9 How., 560; Legal Tender Cases,
12 Wall., 535.
1 124. post-offices 7 To establish Post Offices and Post
and post-roads. Roads J
Decisions of the Supreme Court of the United States:
. -« T% . - * State of Pennsylvania v. The Wheeling and Bel-
§ 125. Decisions of , -n • i ^ «o TT ^i -r» i
the court. mont Bridge Company, 18 How., 421; Pensacola
Telegraph Co. v. Western Union Telegraph Co., 96
U. S. 1; Ex parte Jackson, 96 U. S., 727; In re Rapier, 143 U. S., 110;
Horner v. United States, 143 U. S., 207; In re Debs, Petitioner, 158
U. S., 564; Illinois Central Railroad Co. v. Illinois, 163 U. S., 142;
Gladson v. Minnesota, 166 U. S., 427; Public Clearing House v. Coyne,
194 U. S., 497; Western Union Telegraph Co. v. Pennsylvania R. R.
Co., 195 U. S., 540; Martin v. Pittsburg & Lake Erie R. R., 203 U. S.,
284; Badders v. U. S., 240 U. S., 391; Milwaukee Pub. Co. v. Burleson,
255 U. S., 407; Johnson v. Maryland, 254 U. S., 51.
[45]
CONSTITUTION OP THE UNITED STATES
§§ 126-132. [ARTICLE I, SECTION 8J
8 To promote the Progress of Science and useful
§ 126. patents ana Arts> by securing for limited Times to
copyrights. Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
Decisions of the Supreme Court of the United States:
Grant et al. v. Raymond, 6 Pet., 218; Wheaton
Le^r810118 et aL v- Peters et aL> 8 Pet-> 591 J Trade-mark Cases,
100 U. S., 82; Burrow Giles Lithographic Co. v.
Sarony, 111 U. S., 53; United States v. Duell, 172 U. S., 576; Bobbs-
Merrill Co. v. Straus, 210 U. S., 339; Kalem Co. v. Harper, 222 U. S.,
55; Ferris v. Frohman, 223 U. S., 424; Hildreth v. Mastoras, 257
U. S., 27.
§ 128. inferior constitute Tribunals inferior to
courts*
the supreme Court;
, t0ft „. _, , 10 To define and punish Piracies and
§ 129. Piracies and . . ,
offenses against law Felonies committed on the high seas;
o nations. ^^ Offenses against the Law of Na-
tions;
Decisions of the Supreme Court of the United States:
D • • f United States v. Palmer, 3 Wh., 610; United States
the court.1810 v> WUtberger, 5 Wh., 76; United States v. Smith, 5
Wh., 153; United States v. Pirates, 5 Wh., 184;
United States v. Arjona, 120 U. S., 479.
sm.pecian.tiox.s u T° declare War, grant Letters of
of war and maritime Marque and Reprisal, and make Rules
operations. ^ _ _ n
concerning Captures on Land and
Water;
Decisions of the Supreme Court of the United States:
§ 132. Decisions of Brown v. United States, 8 Cr., 110; America In-
thecimrt. surance Company et al. v. Canter (356 bales cotton),
1 Pet., 511; Mrs. Alexander's cotton, 2 Wall., 404;
Miller v. United States, 11 Wall., 268; Tyler v. Defrees, 11 Wall., 331;
[46]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 8] §§ 133-139.
Stewart v. Kahn, 11 Wall., 493; Hamilton v. Dillon, 21 Wall., 73;
Lamar, ex., v. Browne et al., 92 U. S., 187; Mayfield v. Richards, 115
U. S., 137; The Chinese Exclusion Cases, 130 U. S., 581; Mormon
Church v. United States, 136 U. S., 1; Nishimura Ekiu v. The United
States, 142 U. S., 651; Selective Draft Law Cases, 245 U. S., 366;
Northern Pacific R. Co. v. North Dakota, 250 U. S., 135; U. S. v.
Cohen Grocery Co., 255 U. S., 81; Abrams v. U. S., 250 U. S., 616;
Debs v. U. S., 249 U. S., 211; Ruppert v. Caffey, 251 U. S., 264; Stoehr
v. Wallace, 255 U. S., 239.
§133. Raisins and 12 To raise and support Armies, but
support of armies. no Appropriation of Money to that Use
shall be for a longer Term than two Years;
Decisions of the Supreme Court of the United States:
Crandall v. State of Nevada, 6 Wall., 35; Nishi-
thc T^urt 8° m^ra Ekiu v- Th-e United States, 142 U. S., 651;
Selective Draft Law Cases, 245 U. S., 366.
13 To provide and maintain a Navy;
Decisions of the Supreme Court of the United States:
§ 136. Decisions of United States v. Bevans, 3 Wh., 336; Dynes v.
the court. Hoover, 20 How., 65.
14 To make Rules for the Govern-
navli ^rd m^nt and Regulation of the land and
naval Forces;
15 To provide for calling forth the Militia to exe-
§138. calling out cute the Laws of the Union, suppress
the militia. Insurrections and repel Invasions;
Decisions of the Supreme Court of the United States:
n • • r Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12
the ^r810"80 Wh-» 19; Luther »• Borden, 7 How., 1; Crandall v.
State of Nevada, 6 Wall., 35; Texas v. White, 7 Wall.,
700; Toth v. Quarles, 350 U. S., 11.
[47]
CONSTITUTION OF THE UNITED STATES
§§140-143. [ARTICLE I, SECTION 8)
16 To provide for organizing, arming, and disciplin-
§i4o. power over ing, the Militia, and for governing such
the muitia. par^ of them as may be employed in
the Service of the United States, reserving to the
States respectively, the Appointment of the Officers,
and the Authority of training the Militia according
to the discipline prescribed by Congress;
Decisions of the Supreme Court of the United States:
Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12
§ 141. Decisions of Wh., 19; Luther v. Borden, 7 How., 1; Presser v.
the court. Illinois, 116 U. S., 252; Selective Draft Law Cases,
245 U. S. 366.
17 To exercise exclusive Legislation in all Cases
whatsoever, over such District, (not
§ 142. Power over ' 7 x
territory of the exceeding ten Miles square) as may, by
Cession of particular States, and the
Acceptance of Congress, become the Seat of the Gov-
ernment of the United States, and to exercise like
Authority over all Places purchased by the Consent
of the Legislature of the State in which the Same shall
be, for the erection of Forts, Magazines, and Arsenals,
dock- Yards, and other needful Buildings; — And
Decisions of the Supreme Court of the United States:
Hepburn et al. v. Ellzey, 2 Cr., 445; Loughborough
Of v' Blake' 5 Wh'' 317; Cohens v- Virginia, 6 Wh., 264;
American Insurance Company v. Canter (350 bales
cotton), 1 Pet., 511; Kendall, Postmaster- General, v. The United States,
12 Pet., 524; United States v. Dewitt, 9 Wall., 41; Dunphy v. Kleinsmith
et al., 11 Wall., 610; Willard v. Presbury, 14 Wall., 676; Kohl et al. v.
United States, 91 U. S., 367; Phillips v. Payne, 92 U. S., 130; United
States v. Fox, 94 U. S., 315; Fort Leavemvorth K. K. Co. v. Lowe, 114
U. S., 525; Gibbons v. District of Columbia, 116 U. S. 404; Van Brock-
lin v. State of Tennessee, 117 U. S., 151; Stoutenburgh v. Hennick, 129
U. S., 141; Geofroy v. Riggs, 133 U. S., 258; Benson v. United States,
[48]
CONSTITUTION OF THE UNITED STATES
[ARTICLES I, SECTION 8] §§ 144, 145.
146 U. S., 325; Shoemaker v. United States, 147 U. S., 282; Chappell
v. United States, 160 U. S., 499; Ohio v. Thomas, 173 U. S., 276; Wight
v. Davidson, 181 U. S., 371; Battle v. United States, 209 U. S., 36;
Western Union Telegraph Co. v. Chiles, 214 U. S., 274; El Paso &
Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87; Briscoe v. Rudolph,
221 U. S., 547; Heald v. D. C., 259 U. S., 114; Block v. Hirsh (Rent
Act), 256 U. S., 135; Arlington Hotel v. Fant, 278 U. S. 439; National
Mutual Ins. v. Tidewater, 337 U. S., 582.
18 To make all Laws which shall be necessary and
§ 144. General leg- proper f or carrying into Execution the
isiative power, foregoing Powers, and all other Powers
vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
Decisions of the Supreme Court of the United States:
McCulloch v. The State of Maryland, 4 Wh., 316,
the i «nrt f310 Wayman v. Southard, 10 Wh., 1; Bank of United
States v. Halstead, 10 Wh., 51; Hepburn v. Griswold,
8 Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Thomson
v. Pacific Railroad, 9 Wall., 579, Parker v. Davis, 12 Wall., 457; Railroad
Company?;. Johnson, 15 Wall., 195; Railroad Company v. Peniston, 18
Wall., 5; United States v. Fox, 95 U. S., 670; United States v. Hall, 98
U. S., 343; Tennessee v. Davis, 100 U. S., 257; Ex parte Curtis, 106
U. S., 371; Legal Tender case, 110 U. S., 421; Stoutenburgh v. Hennick,
129 U. S. 141; The Chinese Exclusion Case, 130 U. S., 581; Crenshaw v.
United States, 134 U. S., 99; Cherokee Nation v. Southern Kansas R.
R., 135 U. S., 641; Nishimura Ekiu v. The United States, 142 U. S., 651;
Field v. Clark, 143 U. S., 649; Logan v. United States, 144 U. S., 263;
Fong Yue Ting v. United States, 149 U. S., 698; Lees v. United States,
150 U. S., 476; Interstate Commerce Commission v. Brimson, 154 U. S.,
447; Clune v. United States, 159 U. S., 590; Motes v. United States, 178
U. S., 458; Buttfield v. Stranahan, 192 U. S., 470; U. S. v. Barnow, 239
U. S., 74; Bay City First Nat. Bank v. Union Trust Co., 244 U. S. 416;
Jacob Ruppert v. Caffey, 251 U. S., 264; Hamilton v. Kentucky Distil-
leries Co., 251 U. S., 146; U. S. v. Standard Brewery, 251 U. S., 210;
Newberry v. U. S., 256 U. S., 232; McGrain v. Daugherty, 273 U. S.,
135; Spinger v. Philippine Islands, 277 U. S., 189; Blackmer v. U. S.,
284 U. S., 421; Panama Refining Co. v. Ryan, 293 U. S., 388; Schecter
Corp. v. U. S. (N. R. A.;, 295 U. S., 495.
[49]
CONSTITUTION OF THE UNITED STATES
§§ 146-151. [ARTICLE I, SECTION 9J
SECTION 9. 1 The Migration or Importation of such
Persons as any of the States now exist-
§ 146. Migration . . ~
or importation of ing shall think proper to admit, shall
persons" not be prohibited by the Congress prior
to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importa-
tion, not exceeding ten dollars for each Person.
Decision of the Supreme Court of the United States:
§ 147. Decision of Dred Scott v. Sanford, 19 How., 393; Oceanic
the court. Navigation Co. v. Stranahan, 214 U. S., 320.
2 The Privilege of the Writ of Habeas Corpus shall
5i48. writ of not be suspended, unless when in Cases
habeas corp*8. of Rebellion or Invasion the public
Safety may require it.
Decisions of the Supreme Court of the United States:
United States v. Hamilton, 3 DalL, 17; Ex parte
Banian and Swartwout, 4 Cr., 75; Ex parte
Kearney, 7 Wh., 38; Ex Parte Tobias Watkins,
3 Pet., 193; Ex parte Milburn, 9 Pet., 704; Holmes v. Jennison et al.,
14 Pet., 540; Ex parte Dorr, 3 How., 103; Luther v. Borden, 7 How., 1;
Ableman v. Booth and United States v. Booth, 21 How., 506; Ex parte
VaUandigham, 1 Wall., 243; Ex parte Milligan, 4 Wall., 2; Ex parte
McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85; Tarble's case,
13 Wall., 397; Ex parte Lange, 18 Wall., 163; Ex parte Parks, 93 U. S.,
18; Ex parte Karstendick, 93 U. S., 396; Ex parte Virginia, 100 U. S.,
339; In re Neagle, 135 U. S., 1; In re Frederick, 149 U. S., 70; United
States v. Sing Tuck, 194 U. S., 161; United States v. Ju Toy, 198 U. S.,
253; Carfer v. Caldwell, 200 U. S., 293; McNichols v. Pease, 207 U. S.,
100; Gasquet v. Lapeyre, 242 U. S., 367.
§ iso. Bills of 3 NO Em Of Attainder or ex post facto
attainder and ex
postfectoiaTO. Law shall be passed.
Decisions of the Supreme Court of the United States:
Fletcher v. Peck, 6 Cr., 87; Ogden t>. Saunders, 12
the ^JtT On8° Wfc-i 213; Watson et al. v. Mercer, 8 Pet., 88; Car-
penter et al. v. Commonwealth of Pennsylvania, 17
[50]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 9 J §§ 152-15S.
How., 456; Locke v. New Orleans, 4 Wall., 172; Cummings v. The
State of Missouri, 4 Wall., 277; Ex parte Garland, 4 Wall., 333; Dreh-
man v. Stifle, 8 Wall., 595; Klinger v. State of Missouri, 13 Wall., 257;
Pierce v. Carskadon, 16 Wall., 234; Hopt v. Utah, 110 U. S., 574;
Cook v. United States, 138 U. S., 157; Neely v. Henkel (No. 1), 180
U. S., 109; Southwestern Coal Co. v. McBride, 185 U. S., 499; Buga-
jewitz v. Adams, 228 U. S., 585; Johannessen v. U. S., 225 U* S., 227;
U. S. v. Lovett, 328 U. S. 303.
4 [No Capitation, or other direct, tax shall be laid,
§ 152. capitation unless in Proportion to the Census or
and direct taxes. Enumeration herein before directed to
be taken.]
This provision was changed in 1913 by the Sixteenth Amendment
to the Constitution.
Decisions of the Supreme Court of the United States :
n f License Tax Cases, 5 Wall., 462; Springer v. United
theli^t States, 102 U.S., 586; Pollock v. Farmers7, etc., Co.,
157 U. S., 573, and 158 U. S., 601; Nicol v. Ames,
173 U. S., 509; South Carolina v. United States, 199 U. S., 437; Eisner
v. Macomber, 252 U. S., 189.
§ 154. Export 6 No Tax or Duty shall be laid on
duties. Articles exported from any State,
Decisions of the Supreme Court of the United States:
Cooley v. Board of Wardens of Port of Philadel-
the court 10nS° phia, 12 How., 299; Pace v. Burgess, collector, 92
U. S.; 372; Turpin v. Burgess, 117 U. S., 504; Pitts-
burg & Southern Coal Co. v. Bates, 156 U. S., 577; Nicol v. Ames,
173 U. S., 599; Williams v. Fears, 179 U. S., 270; De Lima v. Bidwell,
182 U. S., 1; Dooley v. United States, 183 U. S., 151; Fourteen Dia-
mond Rings v. United States, 183 U. S., 176; Cornell v. Coyne, 192
U. S., 418; South Carolina v. United States, 199 U. S., 437; Armour
Packing Co. v. United States, 209 U. S., 56; Thames, etc., Ins. Co. v.
U. S., 237 U. S. 19; Peck v. Lowe, 247 U. S., 165.
[51]
CONSTITUTION OF THE UNITED STATES
§§ 156-159. [ARTICLE I, SECTION 9|,
6 No preference shall be given by any Regulation
§ 156. Freedom of Commerce or Revenue to the Ports
of commerce. o£ one g^ate over those of another: nor
shall Vessels bound to, or from, one State, be obliged
to enter, clear, or pay Duties in another.
Decisions of the Supreme Court of the United States:
Cooley v. Board of Wardens of Port of Philadelphia
et al-> 12 How-> 2" ^ stato of Pennsylvania v. Wheel-
ing and Belmont Bridge Company et aL, 18 How.,
421; Munn v. Illinois, 94 U. S., 113; Packet Co. v. St. Louis, 100 U. S.,
423; Packet Co. v. Cattlettsburg, 105 U. S., 559; Spraigtie v. Thompson,
118 U. S., 90; Morgan v. Louisiana, 118 U. S., 455; Johnson v. Chicago
& Pacific Elevator Co., 119 U. S., 388; South Carolina v. United States,
199 U. S., 437; Armour Packing Co. v. United States, 209 U. S., 56;
Wisconsin v. Illinois, 278 U. S., 367.
7 No Money shall be drawn from the Treasury, but
§ 158. Appropria- in Consequence of Appropriations made
llTunSngof by Law; and a regular Statement and
public money. Account of the Receipts and Expendi-
tures of all public Money shall be published from
time to time.
Decisions of the courts and opinions of Attorneys General :
Campagna v. U. S. (1891), 26 Ct. CL, 317; Hart v. U. S., 118 U. S.,
62; Reeside v. Walker, 11 How., 272; U. S. v. Realty Co., 163 U. S.,
440; Collins' Case (1879), 15 Ct. CL, 35; Knote v. U/S., 95 U. S., 154;
Choctaw Indians, 13 Op. Atty. Gen., 354; Great Western Ins. Co. v.
U. S., 19 Ct. Cl., 206; Mitchell v. U. S., 18 Ct. CL, 286; Contracts for
Extension of Capitol, 6 Op. Atty. Gen., 28; U. S. v. Hanson, 167 Fed.,
881; Expenditures in Kansas, 8 Op. Atty. Gen., 137; U. S. v. Butler
(A. A. A.), 297 U. S, 1.
8 No Title of Nobility shall be granted by the
§159. Tines of United States: And no Person holding
nobmty and gifts any Office of Profit or Trust under
rom oreign s a. shall without the Consent of the
[52]
CONSTITUTION OF THH UNITED STATES
[ARTICLE I, SECTIONS 9, 10] §§ 160, 161.
Congress, accept of any present, Emolument, Office,
or Title, of any kind whatever, from any King,
Prince, or foreign State.
Opinions of Attorneys General:
Gifts from Foreign Prince (1902), 24 Op. Atty. Gen., 117; Foreign
Diplomatic Commission (1871), 13 Op. Atty. Gen., 538; Marshal of
Florida (1854), 6 Op. Atty. Gen., 409.
SECTION 10. x No State shall enter into any
§ wo. states not to Treaty, Alliance, or Confederation ;
grant Letters of Marque and Reprisal;
coin Money; emit Bms of Credit;
etc- l make any Thing but gold and silver
Coin a Tender in Payment of Debts; pass any Bill
of Attainder, ex post facto Law,2 or Law impairing
the Obligation of Contracts,3 or grant any Title of
Nobility.
Decisions of the Supreme Court of the United States:
1 Virginia Coupon Cases, 114 U. S., 269; l Houston
§ isi. Decisions of R. Co. v. Texas, 177 U. S., 87; * Wesley v. Eells, 177
the court. U. S., 375; 2 Legal Tender Case, 110 U. S., 446;
2 Cummings v. Mo., 4 Wall., 323; 2 Duncan v. Mo.,
152 U. S., 382; 2 Frank v. Mangum, 237 U. S., 309; 2 Ross v. Oregon,
227 U. S., 150; 2 Watson v. Mercer, 8 Pet., 110; 2 Fletcher, v. Peck 6
Cranch, 138; 2 Rooney v. North Dakota, 196 U. S., 324; 2 Kring v.
Missouri, 107 U. S., 232 ;2 Jaehne v. New York, 128 U. S., 189 ;2 Waters-
Pierce Oil Co. v. Texas, 212 U. S., 86;2 Chicago, etc., R. Co. v. Tran-
barger, 238 U. S., 67;2 Reetz v. Mich., 188 U. S., 509;2 Thompson v.
Missouri, 171 U. S., 380; 2 McDonald v. Mass., 180 U. S., 311; 2 Malloy
v. S. C., 237 U. S., 180; 2 Thompson v. Utah, 170 U. S., 343; 8 Great
Northern R. Co. v. Minnesota, 246 U. S., 434; 3 Central of Georgia R.
Co. v. Wright, 248 U. S., 525; 3 Pa. Hospital v. Philadelphia, 245 U. S.,
20; 3 Hendrickson v. Apperson, 245 U. S., 105; 3 Northern Ohio Trac-
tion Co. v. Ohio, 245 U. S., 574; 3 Denver R. Co. v. Denver, 250 U. S.,
241; 3 Detroit R. Co. v. Detroit, 248 U. S., 429; 3 Union Dry Goods
Co. v. Georgia Pub. Service Corp., 248 U. S., 372; 3 Mo. Min. Co. v.
G25S10— H. Doc. 459, 86-2 5 [53]
CONSTITUTION OF THE UNITED STATES
§§162,1(53. tARTICLE I, SECTION 10 J
Greenwood Dist., 249 U. S., 170; 3 Columbus R. Co. v. Columbus, 249
U. S., 399; 3 Aikins v. Kingsbury, 247 U. S., 484; s Hays v. Port of
Seattle, 251 U. S., 233; 8 Producers Transp. Co. v. Railroad Comm.,
251 U. S., 228; 3 Hardin-Wyandot Co. v. Upper Sandusky, 251 U. S.,
173; 3 Los Angeles v. Los Angeles Gas Co., 251 U. S., 32; 3 Okla. Ry.
v. Severns Pav. Co., 251 U. S., 104; Pac. Gas Co. v. Police Court, 251
U. S., 22; Appleby v. City of New York, 271 U. S.t 364; Larson v. South
Dakota, 278 U. S., 429; 8 Home Bldg. & Loan Assn. v. Blaisdell, 290
U. S., 398.
2 No State shall, without the Consent of the Con-
5 162. States not SreSS> Ia7 ^Y I^pOSt OF DlltieS OH
duttV mpost °r Imports or Exports, except what may
be absolutely necessary for executing
it's inspection Laws: and the net Produce of all
Duties and Imposts, laid by any State on Imports
or Exports, shall be for the Use of the Treasury
of the United States; and all such Laws shall be
subject to the Revision and Controul of the Congress.
Decisions of the Supreme Court of the United States:
McCulloch v. State of Maryland, 4 Wh., 316;
the fWt?810 Gibbons v. Ogden, 9 Wh., 1; Brown r. The State of
Maryland, 12 Wh., 419; Magcr v. Grima et al., 8
How., 490; Cooley v. Board of Wardens of Port of Philadelphia et al.,
12 How., 299; Almy v. State of California, 24 How., 169; License Tax
Cases, 5 Wall., 462; Crandall v. State of Nevada, 6 Wall., 35; Waring v.
The Mayor, 8 Wall., 110; Woodruff v. Perham, 8 Wall., 123; Hinson c.
Lott, 8 Wall., 148; State Tonnage Tax Cases, 12 Wall., 204; State Tax
on railway gross receipts, 15 Wall., 284; Inman Steamship Company t».
Tinker, 94 U. S., 238; Cook v. Pennsylvania, 97 U. S., 566; Packet Co.
v. Keokuk, 95 U. S., 80; People v. Campagnie G6n£ral Transatlantique,
107 U. S., 59; Turner v. Maryland, 107 U. S., 38; Brown et al. t».
Houston, Collector, et al., 114 U. S., 622; Coe v. Errol, 116 U. S., 517;
[54]
CONSTITUTION OF THE UNITED STATES
[ARTICLE I, SECTION 10] §§ 164, 165.
Turpin v. Burgess, 117 U. S., 504; Pittsburg & Southern Coal Co. v.
Bates, 156 U. S., 577; Pittsburg & Southern Coal Co. v. Louisiana, 156
U. S., 590; Scott v. Donald, 165 U. S., 58; Patapsco Guano Co. v. North
Carolina, 171 U. S., 34^; May & Co. v. New Orleans, 178 U. S., 496;
Dooley v. United States, 183 U. S., 151; Cornell v. Coyne, 192 U. S.,
418; American Steel & Wire Co. v. Speed, 192 U. S., 500; Delaware,
L., &c., R. R. Co. v. Pennsylvania, 198 U. S., 341; McLean v. Denver
& Rio Grande R. R., 203 U. S., 38; Selliger v. Kentucky, 213 U. S., 200;
Hebe Co. v. Shaw, 248 U. S., 297.
3 No State shall, without the Consent of Congress,
lay any Duty of Tonnage, keep Troops,
§ 164. States not to ni • r> TTT , • t* -r\
lay tonnage taxes, or Snips of War in time of Peace,
enter *&io an Agreement or Compact
with another State, or with a foreign
Power, or engage in War, unless actually invaded,
or in such imminent Danger as will not admit of
delay.
Decisions of the Supreme Court of the United States:
Green v. Biddle, 8 Wh., 1; Poole et al. v. The
§ 166. Decisions Lesgee of Fleeger et al., 11 Pet., 185; Cooley v. Board
of the court. Qf Wardeng of Port of Philadelphia et al., 12 How.,
299; Peete v. Morgan, 19 Wall., 581; Cannon v. New Orleans, 20 Wall.,
577; Inman Steamship Company v. Tinker, 94 U. S., 238; Transporta-
tion Co. v. Wheeling, 99 U. S., 273; Packet Co. v. St. Louis, 100 U. S.,
423; Packet Co. v. Keokuk, 95 U. S., 80; Vicksburg v. Tobin, 100 U. S.,
430; Packet Co. v. Catlettsburg, 105 U. S., 559; Wiggins Ferry Co. ».
East St. Louis, 107 U. S., 365; Transportation Company v. Parkersburg,
107 U. S., 691; Presser v. Illinois, 116 U. S., 252; Morgan v. Louisiana,
118 U. S., 455; Huse ». Glover, 119 U. S., 543; Ouachita Packet Co. v.
Aiken, 121 U. S., 444; Indiana v. Kentucky, 136 U. S., 479; Virginia v.
Tennessee, 148 U. S., 503; Wharton v. Wise, 153 U. S., 155; St. Louis
& San Francisco Railway Co. v. James, 161 U. S., 545; Selective Draft
Law Cases, 245 U. S., 366.
[55]
CONSTITUTION OF THE UNITED STATES
f § 166-168.
ARTICLE II.
SECTION 1. l The executive Power shall be vested
in a President of the United States of
America. He shall hold his Office
vice-president during the Term of four years, and
together with the Vice President, chosen for the same
Term, be elected, as follows:
George Washington took the oath of office as the first President on
April 30, 1789 (III, 1986). The two Houses of the First Congress
found, after examination by a joint committee, that by provisions
made in the Federal Constitution and by the Continental Congress, the
term of the President had, notwithstanding, begun on March 4, 1789
(I, 3). The twentieth amendment, declared to have been ratified on
February 6, 1933, provides that Presidential terms shall end and suc-
cessor terms shall begin at noon on January 20. Thus, Franklin D.
Roosevelt's first term began on March 4, 1933, but ended at noon on
January 20, 1937. Formerly, when March 4 fell on Sunday, the public
inauguration of the President occurred at noon on March 5 (III, 1996;
VI, 449). Following ratification of the XXth Amendment, the first
time inauguration day fell on Sunday was January 20, 1957, and
Dwight David Eisenhower took the oath for his second term in a private
ceremony at the White House on that day; followed by a public
inauguration ceremony on the steps of the East Front of the Capitol
on Monday, January 21, 1957. The twenty-second amendment pro-
vides that no person shall be elected President more than twice.
Decisions of the Supreme Court of the United States:
.,„ n . . Field v. Clark, 143 U. S., 649; Garfield v. Goldsby,
r!I" DecTnS 211 U. S., 249; Monongahela Bridge Co. v. United
of the court. States, 216 U. S., 177; United States v. Grimaud, 216
U. S., 614; Runkle v. U. S., 122 U. S., 557; Kendall v. U. S., 12 Pet., 524;
Hampton & Co. v. United States, 276 U. S., 394; Springer v. Philippine
Islands, 277 U. S., 189; Youngstown v. Sawyer, 343 U. S., 579.
2 Each State shall appoint, in such Manner as the
§168. Electors of Legislature thereof may direct, a Num-
presidentand ber of Electors, equal to the whole
Vice-President _T - * r< -i-r-v
and their Number of Senators and Representa-
Qualificatio,*.
in the Congress; but no Senator or Representative,
C56]
CONSTITUTION OF THE UNITED STATES
[ARTICLE H, SECTION 1J §§ 169-172.
or Person holding an Office of Trust or Profit under
the United States, shall be appointed an Elector.
Questions of the qualifications of electors have arisen, and in one
instance certain ones were found disqualified, but as their number was
not sufficient to affect the result and as there was doubt as to what
tribunal should pass on the question the votes were counted (III, 1941).
In other cases there were objections, but the votes were counted (III,
1972-1974, 1979). In one instance an elector found to be disqualified
resigned both offices, whereupon he was made eligible to fill the vacancy
thus caused among the electors (III, 1975).
Decisions of the Supreme Court of the United States :
Ex parte Siebold, 100 U. S., 371; in re Green, 134
§ 169. Decisions U. S., 377; McPherson v. Blacker, 146 U. S., 1;
of the court. Burroughs and Cannon v. U. S., 290 U. S., 534;
Hay v. Blair, 343 U. S., 214.
§170. Time of 3 The Congress may determine the
choosing electors Time of chuskig the Electors, and the
and time at which -p. , . 1 , in- it
their votes are Day on which they shall give their
giveru Votes; which Day shall be the same
throughout the United States.
The time for choosing electors has been fixed on "the Tuesday next
after the first Monday in November, in every fourth year;" and the
electors in each State "meet and give in their votes on the first Mon-
day after the second Wednesday in December next following their
appointment, at such place in each State as the legislature of such
State shall direct" (III, 1914; VI, 438; 3 U. S. C. 1, 7). The statutes
also provide for transmitting to the President of the Senate certifi-
cates of the appointment of the electors and of their votes (III, 1915-
1917; VI, 439; 3 U. S. C. 11).
§ 171. Decision Decision of the Supreme Court of the United States :
of the court. In re Green, 134 U. S., 377.
4 No Person except a natural born Citizen, or a
§ 172. Quairaca- Citizen of the United States, at the time
if0^e0unH?ddent of the Adoption of this Constitution,
stati. m e shall be eligible to the Office of Presi-
dent; neither shall any Person be eligible to that
Office who shall not have attained to the Age of
[57]
CONSTITUTION OP THE UNITED STATES
§§173-176. CABTICLE II, SECTION 1J
thirty five Years; and been fourteen Years a Resident
within the United States.
Decision of the Supreme Court of the United
States:
§ 173. Decision j Us v The Trustees of the Sailors' Snug Harbor,
of the court. 3 Pet., 99.
5 In Case of the Removal of the President from
§174. succession Office, or at his Death, Resignation, or
d^rlSr^, Inability to discharge the Powers and
or disability of Duties of the said Office, the same shall
vic^-presi^nt. devolve on the Vice President, and the
Congress may by Law provide for the Case of Re-
moval, Death, Resignation or Inability, both of the
President and Vice President, declaring what Officer
shall then act as President, and such Officer shall act
accordingly, until the Disability be removed, or a
President shall be elected.
Congress has by law provided for the performance of the duties of
the President in case of removal, death, resignation or inability, both
of the President and Vice President (3 U. S. C. 19).
6 The President shall, at stated Times, receive for
§175. compensa- ^s Services, a Compensation which
tion of president. shall neither be encreased nor dimin-
ished during the Period for which he shall have been
elected, and he shall not receive within that Period
any other Emolument from the United States, or any
of them.
7 Before he enter on the Execution of his Office, he
§ we. oath of the shall take the following Oath or Affirma-
tion: — "I do solemnly swear (or affirm)
[58]
CONSTITUTION OF THE UNITED STATES
[ARTICLE II, SECTIONS 1, 2] §§ 177-180.
that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability,
preserve, protect and defend the Constitution of the
United States/'
The taking of this oath, which is termed the inauguration, is made the
occasion of certain ceremonies which are arranged for by a joint com-
mittee of the two Houses (III, 1998, 1999; VI, 451). The oath is taken
at the east portico of the Capitol, although in earlier years it was taken
in the Senate Chamber or Hall of the House (III, 1986-1995). On
March 4, 1909, owing to inclemency of the weather, the President-elect
took the oath and delivered his inaugural address in the Senate Cham-
ber (VI, 447). And when Vice-President Fillmore succeeded to the
vacancy in the office of President, Congress being in session, he took
the oath in the Hall of the House in the presence of the Senate and
House (III, 1997). In 1945 Franklin D. Roosevelt,
§ 177. Decision who had been elected for his fourth term as Presi-
of the court. dent, took the oath of office on the south portico
at the "White House.
Decision of the Supreme Court of the United States: In re Neagle,
135 U. S., 1.
SECTION 2. l The President shall be Commander in
§178. The Chief of the Army and Navy of the
£™d*fn United States, and of the Militia of the
Chief* several States, when called into the
actual Service of the United States; he may require
the Opinion, in writing, of the principal
§179. Opinions of ^ . ;_ °7 . "T ^
the Presidents Officer in each of the executive Depart-
ments, upon any Subject relating to the
Duties of their respective Offices, and he shall have
power to grant Reprieves and Pardons
grants reprieves for Offences against the United States,
and pardons. except in Cases of Impeachment.
[59]
CONSTITUTION OF THE UNITED STATES
§§181-184. CARTICLB II, SECTION 2J
Decisions of the Supreme Court of the United States:
United States v. Wilson, 7 Pet., 150; Ex parte William Wells, 18 How.,
307; Ex parte Garland, 4 Wall., 333; Armstrong's
Foundry, 6 Wall., 766; The Grape Shot, 0 Wall., 129;
United States v. Padelford, 0 Wall., 542; United
States v. Klein, 13 Wall., 128; Armstrong v. The United States, 13 Wall.,
154; Pargoud v. The United States, 13 Wall., 156; Hamilton v. Dillin,
21 Wall., 73; Mechanics and Traders Bank v. Union Bank, 22 Wall.,
276; Lamar, ex., v. Browne et al., 92 U. S., 187; Wallach et al., v. Van
Riswick, 92 U. S... 202; Burdick «. U. S. 236 U. S., 79; Ex parte Gross-
man, 267 U. S., 87; Biddle ». Perovioh, 274 U. S. 480; Madsen v.
Kinsella, 343 U. S., 341.
2 He shall have Power, by and with the Advice and
§ 182. president Consent of the Senate, to make Trea-
makes treaties. ties, provided two-thirds of the Sena-
tors present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall
appoint Ambassadors, other public Ministers and
§ iss Appointing Consuls, Judges of the supreme Court,
power of the and all other Officers of the United
resi en " States, whose appointments are not
herein otherwise provided for, and which shall be
established by Law; but the Congress may by Law
vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The power of the President to appoint diplomatic representatives
to foreign governments and to determine their rank is derived from
the Constitution and may not be circumscribed by statutory enact-
ments (VII, 1248).
Decisions of the Supreme Court of the United States:
Ware v. Hylton et al., 3 Ball., 199; Marbury v. Madison, 1 Cr. 137;
§184 Decisions United States v. Kirkpatrick, 9 Wh., 720; American
of the court. Insurance Company v. Canter (356 bales cotton),
1 Pet., 511 ; Foster and Elam v. Neilson, 2 Pet., 253;
[60]
CONSTITUTION OP THE UNITED STATES
{ARTICLE n, SECTIONS 2, SI §§ 18S-187.
Cherokee Nation v. State of Georgia, 5 Pet., 1; Worcester v. State of
Georgia, 6 Pet., 515; City of New Orleans v. De Armas et al., 9 Pet.,
224; Holden v. Joy, 17 Wall., 211; United States v. Germaine, 99 U. S.,
508; United States v. Corson, 114 U. S., 619; United States v. Perkins,
116 U. S., 483; United States v. Rauscher, 119 U. S., 407; Mormon
Church v. United States, 136 U. S., 1; Field v. Clark, 143 U. S., 649;
Shoemaker v. United States, 147 U. S. 282; Parsons v. United States,
167 U. S., 324; Rice v. Ames, 180 U. S., 371; Fourteen Diamond
Rings v. United States, 183 U. S., 176; Dorr v. United States, 195 U. S.,
138; Kelly v. Griffin, 241 U. S., 6; Glucksman v. Henkel, 221 U. S.,
508; Lamar v. U. S., 240 U, S., 60, and 241 U. S., 103; Wallace v.
U. S., 257 U. S., 541; Myers v. U. S., 272 U. S., 53; Humphrey's
Executor v. U. S., 295 U. S., 602.
3 The President shall have Power to fill up all
§ iss President^ Vacancies that may happen during the
power to fill Recess of the Senate, by granting Com-
reS^oTthT ns missions which shall expire at the End
Senate* of their next Session.
Decisions of the Supreme Court of the United States:
§ 186. Decisions The United States v. Kirkpatrick et al., 9 Wh.,
of the court. 720; U. S. v. Harsha, 172 U. S., 572.
SECTION 3. He shall from time to time give to
the Congress Information of the State
§ 187. Messages 5s . .
from the of the U men, and recommend to their
president. Consideration such Measures as he shall
judge necessary and expedient; * * *
In the early years of the Government the President made a speech to
Congress on its assembling (V, 6629), but in 1801 President Jefferson
discontinued this practice and transmitted a message "in writing".
This precedent was followed until April 8, 1913, when the custom of
addressing Congress in person was resumed by President Wilson and,
with the exception of President Hoover (VIII, 3333) , has been followed
generally by subsequent Presidents. Only messages of major impor-
tance are delivered in person. A message in writing is usually com-
municated to both Houses on the same day, but an original document
[61]
CONSTITUTION OF THE UNITEl} STATES
|§ 188, 189. [ARTICLE II, SECTION 3 J
accompanying can of course be sent to but one House (V, 6616, 6617).
In early years confidential messages were often sent and considered in
secret session of the House (V, 7251, 7252).
When the President has indicated that he will address Congress
in person a concurrent resolution is passed by both Houses arranging
for a joint session to receive the message. At the appointed hour the
Members of the Senate arrive and occupy the three front rows of
the House. The presiding officer of the Senate sits at the right of the
Speaker, who presides at the session.
The ceremony of receiving a message in writing is simple (V, 6591),
and may occur during consideration of a question
§188. Reception of priviiege (y, 6640-6642) or before the organiza-
" tion of the House (V, 6647-6649) and in the absence
of a quorum (V, 6650; VIII, 3339). But, with the
exception of vetoes, messages are regularly laid before the House only
at the time prescribed by the rule for the order of business ( V, 6635-
6638) within the discretion of the Speaker (VIII, 3341). While a mes-
sage of the President is always read in full the latest rulings have not
permitted the reading of the accompanying documents to be demanded
as a matter of right (V, 5267-5271; VII, 1108). A concurrent resolu-
tion providing for a joint session to receive the President's message was
held to be of the highest privilege (VIII, 3335).
* * * he may, on extraordinary Occasions, con-
§189. power of vene both Houses, or either of them,
president as to QJ^ in Case of Disagreement between
convening and °
adjourning them, with Respect to the Time of
ngress. Adjournment, he may adjourn them to
such Time as he shall think proper; * * *
In certain exigencies the President may convene Congress at a place
other than the seat of government (I, 2; 2 U. S. C. 27). Congress has
frequently been convened by the President (I, 10, 11; Nov. 17, 1947,
p. 10578; July 26, 1948, p. 9362), and in one instance, when Congress
had provided by law for meeting, the President called it together on
an earlier day (I, 12). The Congress having adjourned on July 27,
1947, p. 10521, and on June 20, 1948, p. 9350, to a day certain, the
President called it together on an earlier date than that to which it
adjourned (Nov. 17, 1947, p. 10577, and July 26, 1948, p. 9362).
There has been some discussion as to whether or not there is a dis-
[62]
CONSTITUTION OF THE UNITED STATES
[ARTICLE II, SECTIONS 3, 4] §§ 190-193.
tinction between a session called by the President and other sessions
of Congress (I, 12, footnote).
* * * he shall receive Ambassadors and other
§ wo. president public Ministers ; he shall take Care
receive ambas- xhat the Laws be faithfully executed,
sadors, executes the J >
laws, and com- and shall Commission all the officers of
missions officers. ,— « -rT . ., _.
The United States.
Decisions of the Supreme Court of the United States:
§191 Decisions of Marbury v. Madison, 1 Or., 137; Kendall, Post-
the court. master-General, v. The United States, 12 Pet., 524;
Luther v. Borden, 7 How., 1; The State of Mississippi
v. Johnson, President, 4 Wall., 475; Stewart v. Kahn, 11 Wall., 493;
In re Neagle, 135 U. S., 1.
SECTION 4. The President, Vice President, and all
§ m. impeach- civii Officers of the United States, shall
ment of civil rr*
officers. be removed from Office on Impeach-
ment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
In the Blount trial the managers contended that all citizens of the
United States were liable to impeachment, but this
§193. AS to the contention was not admitted (III, 2315), and in the
officers who may _ __ , . , , ,, , , .
be impeached. Belknap trial both managers and counsel for re-
spondent agreed that a private citizen, apart from
offense in an office, might not be impeached (III, 2007). But resigna-
tion of the office does not prevent impeachment for crime or mis-
demeanor therein (III, 2007, 2317, 2444, 2445, 2459, 2509). In Biount's
case it was decided that a Senator was not a civil officer within the
meaning of the impeachment provisions of the Constitution (III,
2310, 2316). Questions have also arisen as to whether or not the
Congressional Printer (III, 1785), or a vice-consul-general (III, 2515),
might be impeached. Proceedings for the impeachment of territorial
judges have been taken in several instances (III, 2486, 2487, 2488),
although various opinions have been given that such an officer is not
impeachable (III, 2022, 2486, 2493). A committee of the House by
majority vote held a Commissioner of the District of Columbia not to
[63]
CONSTITUTION OF THE UXITKD STATES
§ 194. ^ARTICLE II, SECTION 41
be a civil officer subject to impeachment under the Constitution (VI,
548).
As to what are impeachable offenses there has been much discussion
(III, 2008, 2019, 2020, 2350-2362, 2370-2381, 2405,
§194. Nature of 2406, 2410, 2498; VI, -455). For a time the theory
leases*516 tliat mc*ictable offenses only were impeachable was
stoutly maintained and as stoutly denied (III,
2356, 2360-2362, 2379-2381, 2405, 2406, 2410, 241C); but on the tenth
and eleventh articles of the impeachment of the President the House
concluded to impeach for other than indictable offenses (III, 2418),
and in the Swayne trial the theory was definitely abandoned (III, 2019).
While there has not been definite concurrence in the claim of the man-
agers in the trial of the President that an impeachable offense is any
misbehavior that shows disqualification to hold and exercise the office,
whether moral, intellectual, or physical (III, 2015), yet the House
has impeached judges for improper personal habits (III, 2328, 2505),
and in the impeachment of the President one of the articles charged
him with "intemperate, inflammatory, and scandalous harangues" in
public addresses, tending to the harm of the Government (III, 2420).
There was no conviction under these charges except in the single case
of Judge Pickering, who was charged with intoxication on the bench
(III, 2328, 2341). As to the impeachment of judges for other delin-
quencies, there has been much contention as to whether they may be
impeached for any breach of good behavior (III, 2011, 201(5, 2497),
or only for judicial misconduct occurring in the actual administration
of justice in connection with the court (III, 2010, 2013, 2017). The
intent of the judge (III, 2014, 2382) as related to mistakes of the law,
and the relations of intent to conviction have been discussed at length
(III, 2014, 2381, 2382, 2518, 2519). The statutes make nonresidence
of a judge an impeachable offense, and the House has taken steps to
impeach for this cause (III, 2476, 2512). There has, however, been
some question as to the power of Congress to make an impeachable
offense (III, 2014, 2015, 2021, 2512). Usurpation of power has been
examined several times in its relations as a cause for impeachment
(III, 2404, 2508, 2509, 2516, 2517). There has also been discussion as
to whether or not there is distinction between a misdemeanor and a
high misdemeanor (III, 2270, 2367, 2492). Review of impeachments
in Congress showing the nature of charges upon which impeachments
have been brought and judgments of the Senate thereon (VI, 466).
[64:]
CONSTITUTION OF THE UNITED STATES
§§ 195-197.
>ecisionsof Decisions of the Supreme Court of the United
*t. States:
igford v. United States, 101 U. S., 341; Shurtleff v. U. S., 189
311.
ARTICLE III.
SCTION 1. The judicial Power of the United
States shall be vested in one supreme
Court, &u& *& suc^ inferior Courts as
the Congress may from time to time
ordain and establish The Judges, both
he supreme and inferior Courts, shall hold their
3es during good Behaviour, and shall; at stated
ies, receive for their Services, a Compensation,
sh shall not be diminished during their Con-
Lance in Office.
icisions of the Supreme Court of the United States:
Chisholm, ex., v. Georgia, 2 Ball., 419; Stuart v.
Decisions of j^.^ 1 Cp^ ^gg, United gtates Vt PeterSj 5 Cr^ 115;
Cohens v. Virginia, 6 Cr., 264; Martin v. Hunter's
>e, 1 Wh., 304; Osborn v. United States Bank, 9 Wh., 738; Benner
. v. Porter, 9 How., 235; The United States v. Ritchie, 17 How.,
Murray's Lessee et al. v. Hoboken Land and Improvement Com-
-, 18 How., 272; Ex parte Vallandigham, 1 Wall., 243; Pennoyer
eff, 95 U. S., 714; United States v. Union Pacific Railroad Co.,
\ S., 569; Mitchell v. Clark, 110 U, S., 633; Ames v. Kansas, 111
., 449; In re Loney, 134 U, S., 372; In re Green, 134 U. S., 377;
blister v. United States, 141 U. S., 174; Robertson v. Baldwin, 165
}., 275; Turner v. Williams, 194 U. S., 279; Ex parte Wisner, 203
>., 449; Interstate Commerce Commission v. Illinois Cent. R. Co.,
CJ. S., 452; Muskrat v. U. S., 219 U. S., 346; U. S. v. Evans, 213 U. S.,
Johannessen v. U. S., 225 IT. S., 227; Oceanic Steam Nav. Co. v,
anahan, 214 U. S., 320; Myers v. United States, 272 U. S., 53;
nger v. Philippine Islands, 277 U. S., 189; Ex parte Bakelite Corp.,
U. S., 438; O'Donoghue v. U. S., 289 U. S., 516; Williams v. U. S.,
U. S., 553; O'MaJley v. Woodrough, 307 U. S., 277.
[65]
CONSTITUTION OF THE UNITED
&§ 198, 199. [ARTICLE III, SECTION 21
SECTION 2. 1 The judicial Power shall extend to
im. Extent of the all Cases, in Law and Equity, arising
judicial power. under this Constitution, the Laws of
the United States, and Treaties made, or which shall
be made, under their Authority l ; — to all cases affect-
ing Ambassadors, other public Ministers and Con-
suls2;— to all Cases of admiralty and maritime Juris-
diction3;— to Controversies to which the United States
shall be a Party4; — to Controversies between two or
more States5; between a State and Citizens of
another State6; — between Citizens of different States7;
— between Citizens of the same State claiming lands
under Grants of different States8, and between a
State, or the Citizens thereof, and foreign States,
Citizens or Subjects9.
Decisions of the Supreme Court of the United States:
6 Missouri v. Illinois, 180 U. S., 208; Eastern Build-
in& Association v. Welling, 181 U. S., 47; Dooley v.
United States, 182 U. S., 222; Tullock v. Mulvane,
184 U. S., 497; Patton v. Brady, 184 U. S., 608; 'Kansas v. Colorado,
185 U. S., 125; JSwafford v. Templeton, 185 U. S., 487; * Mobile Trans-
portation Co. v. Mobile, 187 U. S., 479; xAndrews v. Andrews, 188
U. S., 14; looker v. Los Angeles, 188 U. S., 314; 'Cummings v. Chi-
cago, 188 U. S., 410; lSohaefer v. Werling, 188 U. S., 516; 3The Roa-
noke, 189 U. S., 185; 'Detroit, &c., Ry. v. Osborn, 189 U. S., 383;
3Patterson v. Bark Eudora, 190 U. S., 169; 'Howard v. Fleming, 191
U. S., 126; ', 7Arbuckle v. Blackburn, 191 U. S., 405; 'Deposit Bank v.
Frankfort, 191 U. S., 499; *, 7Spencer v. Duplan Silk Co., 191 U. S., 526;
'Wabash R. R. Co. v. Pearce, 192 U. S., 179; Rogers v. Alabama, 192
U. S., 226; fiSouth Dakota v. North Carolina, 192 U. S. 286; 'Bankers'
Casualty Co. v. Minn., St. P., &c., Ry., 192 U. S., 371; 'Spreckels
Sugar Refining Co. v. McClain, 192 U. S., 397; 'Minnesota ». Northern
Securities Co., 194 U. S., 48; Pacific Electric Ry. Co. v. Los Angeles, 194
U. S., 112; 'Hooker v. Burr, 194 U. S., 415; 'Cleveland v. Cleveland City
Ry. Co., 194 U. S., 517; 'Traction Company v. Mining Co., 196 U. S.,
CONSTITUTION OF THE UNITED STATES
[ARTICLE m, SECTION 23 §§ 200,201.
239; 7Dawson v. Columbia Trust Co. 197 U. S., 178; ^acobson v. Mas-
sachusetts, 197 U. S., 11; Leonard v. Vicksburg, &c., R. R. Co., 198
U. S., 416; 7Farrell v. O'Brien, 199 U. S., 89; ^South Carolina v. United
States, 199 U. S., 437; 'Carfer v. Caldwell, 200 U. S., 293; 'Security
Mutual Life Ins. Co. v. Prewitt, 202 U. S., 246; 5Kansas v. United
States, 204 U. S., 331; 3The Winnebago, 205 U. S., 354; !Lee v. New
Jersey, 207 U. S., 67; St. Louis & Iron Mountain Railway v. Taylor, 210
U. S., 281; 'Berea College v. Kentucky, 211 U. S., 45; 'North American
Cold Storage Co. v. Chicago, 211 U. S., 306; Waters-Pierce Oil Co. v.
Texas, 212 U. S., 112; Willcox v. Consolidated Gas Co., 212 U. S., 19;
American Express Co. v. Mullins, 212 U. S., 311; Bonner v. Gorman,
212 U. S., 86; iAtchison, Topeka & Santa Fe Ry. v. Sowers, 213 U. S.,
55; ^dams Express Co. v. Kentucky, 214 U. S., 218; Oceanic Steam
Navigation Co. v. Stranahan, 214 U. S., 320; Goodrich v. Ferris, 214
U. S., 71; Smithsonian Institution v. St. John, 214 U. S., 19; 1 Western
Union Telegraph Co. v. Chiles, 214 U. S., 274; *E1 Paso & Northeastern
Ry. Co. v. Gutierrez, 215 U. S., 87; JWeems v. United States, 217 U. S.,
349; Virginia v. West Virginia, 246 U. S., 565; Hamilton v. Kentucky
Distilleries Co., 251 U. S., 146; ^utun v. United States, 270 U. S., 568;
Postum Cereal Co. v. Calif. Fig Nut Co., 272 U. S., 693; Liberty Ware-
house Co. v. Grannis, 273 U. S., 70; 8London Co. v. Industrial Com.,
279 U. S., 109; Ex parte Bakelite Corp., 279 U. S., 438; National Mutual
Ins. v. Tidewater, 337 U. S., 582.
2 In all Cases affecting Ambassadors, other public
§200. original and Ministers and Consuls, and those in
SE^T1*1*" which a State shall be a Party, the
supreme court supreme Court shall have original
Jurisdiction. In all the other Cases before men-
tioned, the supreme Court shall have appellate Juris-
diction, both as to Law and Fact, with such Excep-
tions, and under such Regulations as the Congress
shall make.
Decisions of the Supreme Court of the United States:
Chisholm, ex., v. Georgia, 2 Dall., 419; Wiscart
et aL v' D' Auchy> 3 DalL> 321 °> Marbury v. Madison,
1 Cr., 137; Durousseau et al. v. United States, 6 Or.,
307; Martin v. Hunter's Lessee, 1 Wh., 304; Cohens v. Virginia, 6 Wh.,
[67]
CONSTITUTION OP THE UNITED STATES
§§202,203. [ARTICLE HI, SECTION 21
264; Ex parte Kearney, 7 Wh., 38; Way man v. Southard, 10 Wh,, 1;
Bank of the United States v. Halstead, 10 Wh,, 51; United States t>.
Ortega, 11 Wh., 467; The Cherokee Nation t>. The State of Georgia,
5 Pet., 1 ; Ex parte Crane et aL, 5 Pet., 190; The State of l\Tew Jersey t>.
The State of New York, 5 Pet., 284; Ex parte Sibbald v. United States,
12 Pet., 488; The State of Rhode Island v. The State of Massachusetts,
12 Pet., 657; State of Pennsylvania v. The Wheeling, <fec., Bridge Com-
pany, 13 How., 518; In re Kaine, 14 How., 103; Abieman v. Booth and
United States v. Booth, 21 Ho\v., 506; Frecborn v. Smith, 2 Wall,, 160;
Ex parte McCardle, 6 Wall., 318; Ex parte McCardlo, 7 Wall., 506; Ex
parte Yerger, 8 Wall., 85; The Lucy, 8 Wail., 307; The Justices v. Mur-
ray, 9 Wall., 274; Pennsylvania v. Quicksilver Company, 10 Wall., 553;
Murdockt?. City of Memphis, 20 Wall, 590; The "Francis Wright," 105
U. S., 381; B6rs v. Preston, 111 U. S., 252; Ames r. Kansas, 111 U. S.,
449; Craig v. Leitensdorfer, 127 U. S., 764; Wisconsin v. Pelican Ins. Co.,
127 U. S., 265; United States v. Texas, 143 U. S., 021; Louisiana v.
Texas, 176 U. S., 1; Wilkes County v. Color, 180 U. S., 506; W. W.
Cargill Co. v. Minnesota, 180 U. S., 452; Mallctt v. North Carolina, 181
U. S., 589; United States v. Bitty, 208 U. S., 393; Oklahoma v. Gulf, etc.,
R. Co., 220 U. S., 290; Virginia v. West Virginia, 220 U. S., 1 ; Dunne v.
New Jersey, 251 U. S., 311; Popovici v. Aglo.r, 280 U. S., 379.
3 The Trial of all Crimes, except in Cases of
§202 Places of Impeachment, shall be by Jury; and
trial of crimes such Trial shall be held in the State
yjury* where the said Crimes shall have been
committed; but when not committed within any
State, the Trial shall be at such Place or Places as
the Congress may by Law have directed.
Decisions of the Supreme Court of the United States:
Ex parte Milligan, 4 Wall., 2; Barton v. Harbour,
f 104 U- S-' 126; Ex Parte WalL> 107 U' S'' 265» Callan
v. Wilson, 127 U. S., 540; Nashville, Chattanooga,
etc., Railway v. Alabama, 128 U. S., 96; EHenbecker v. Plymouth
County, 134 U. S., 31; Jones v. United States, 137 U. S., 202; Cook v.
United States, 138 U. S., 157; In re Ross, 140 U. S., 453; Fong Yue Ting
v. United States, 149 U. S., 698; In re Debs, petitioner, 158 U. S., 564;
Thompsons Utah, 170 U. S., 343; Schick v. United States, 195 U. S., 65;
[68]
CONSTITUTION OF THE UNITED STATES
[ARTICLE HI, SECTIONS 2, 3] §§ 204-208.
IT v. United States, 195 U. S., 138; Marvin t>. Trout, 199 U. S., 212;
irtin v. Texas, 200 U. S., 316; Tinsley v. Treat, 205 U. S., 20; Armour
eking Co. v. United States, 209 U. S., 56; Haas v. Henkel, 216 U. S.,
2; Patton v. United States, 281 U. S., 276; Toth v. Quarles, 350 U. S.,
SECTION. 3. l Treason against the United States,
shall consist only in levying War
14, Treason ^ •/ o
hist the united against them, or in adhering to their
Enemies, giving them Aid and Com-
rt. No Person shall be convicted of Treason un-
ss on the Testimony of two Witnesses to the same
rert Act, or on Confession in open court.
Decisions of the Supreme Court of the United States:
United States v. The Insurgents, 2 Ball., 335;
Of United States v. Mitchell, 2 Ball., 348; Ex parte
Bollman and Swartwout, 4 Cr., 75; United States v.
iron Burr, 4 Cr., 470.
2 The Congress shall have Power to declare the
:o6. punishment Punishment of Treason, but no At-
P treason. tainder of Treason shall work Corrup-
.on of Blood, or Forfeiture except during the Life of
ae person Attainted.
Decisions of the Supreme Court of the United States:
Bigelow v. Forest, 9 Wall., 339; Day t;. Micou, 18
207. Decisions of WftU^ 166; Ex parte Lang6j 18 WalL> 163;
ie C01lrt' et al. v. Van Riswick, 92 U. S., 202.
ARTICLE IV.
SECTION 1. Full Faith and Credit shall be given
208. Each state in each State to the Public Acts, Rec-
c^ecordl!!., °rds, an<l judicial Proceedings of every
f other states. other State. And the Congress may
)y general Laws prescribe the Manner in which such
(2581° — H. Doc. 459, 86-2 - 6 [69]
CONSTITUTION OF THE UNITED
§ 209. IART1CLE XV, SECTION X J
Acts, Records and Proceedings shall be proved, and
the Effect thereof.
Decisions of the Supreme Court of the I'nitrii States:
Mills v. Duryee, 7 Cr., 481 ; I lamptont;. McConneL
3 Wh., 2^; Mayhew t». Thatcher, 6 Wh, 129;
Darby's Lessee ». Mayer, 10 Wh., 465; The United
States v. Amedy, 11 Wh., 392; Cl&lclwull ct al. t>. Carrington's heirs,
9 Pet., 86; M'Elmoyle v. Cohen, 13 Pet., 312; The Bank of Augusta v.
Earle, 13 Pet., 519; Bank of the State of Alabama v. Dalton, 9 How.,
522; D'Arcy v. Ketchum, 11 How., 165; Christmas v. Russell, 5 Wall,
290; Green v. Van Buskirk, 7 Wall, 139; Paul v. Virginia, 8 Wall., 168;
Board oi Public Works v. Columbia College, 17 Wall., 521; Thompson
v. Whitman, 18 Wall., 457; Pcnnoyerw. Nobb, 05 Tr. »S. 714; Bonaparte
v. Tax Court, 104 U. S. 592; Robertson v. IMckreli, 109 U. S., 608;
Hanley v. Donoghue, 116 U. S., 1; Remind v. Abbott, 116 U. S., 277;
Chicago & Alton R. R. v. Wiggins Ferry Co., 119 U. S., 615; Borer v.
Chapman, 119 U. S., 587; Cole v. Cunningham, 133 IT. S., 107; Blount
v. Walker, 134 U. S., 607; Simmons v. Saul, 138 U. S., 439; Reynolds v.
Stockton, 140 U. S., 254; Carpenter v. Strung^ 141 U. S., 87; Hunt-
ington v. Attrill, 146 U. S., 657; Glenn v. Garth, M7 U. S., 360; Laing
v. Rigney, 160 U. S., 531; Chicago, Rock Island & Pacific Railway Co.
v. Sturm, 174 U. S., 710; Thormann v. Frame, 176 U. S., 350; Hancock
National Bank v. Farnum^ 176 U. S., 040; Clarke v. Clarke et al., 178
U. S., 186; Wilkes County v. Color, 180 U. S.f 506; W. W. Cargill Co.
v. Minnesota, 180 U. S., 452; Johnson v. New York Life Ins. Co., 187
U. S., 491; Andrews v. Andrews, 188 U. S., 14; Blaekstone v. Miller,
188 U. S., 189; Finney v. Guy, 189 U. S., 335; Anglo-American Pro-
vision Co. v. Davis Provision Co., 191 U. S*, 373; Wabash R. R. Co. v.
Flannigan, 192 U. S., 29; German Savings Society v. Dormitzer, 192
U. S., 125; Wedding v. Meyler, 192 IT. S., 573; National Mutual Build-
ing and Loan Ass. v. Brahan, 193 U. S., 635; Minnesota v. Northern
Securities Co., 194 U. S., 48; National Exchange Bank v. Wiley, 195
U. S., 257; Jaster v. Currie, 198 U. S., 144; Harding v. Harding, 198
U. S., 317; Harris v. Balk, 198 U. S., 215; Louisville & Nashville R. R.
v. Deer, 200 U. S., 176; Haddock v. Haddock, 201 U. S., 562; Northern
Assurance Co. v. Grand View Building Association, 203 U. S., 106; Wet-
more v. Karrick, 205 U. S., 141; Old Wayne Life Association v.
McDonough, 204 U. S., 8; Tilt v. Kelsey, 207 U. S., 43; Brown v.
Fletcher's Estate, 210 U. S., 82; Fauntleroy v. Lum, 210 U. S., 230;
[70]
CONSTITUTION OP THE UNITED STATES
[ARTICLE IV, SECTIONS 1, 2] §§210,211.
Atchison, Topeka & Santa Fe Ry. Co. v. Sowers, 213 U. S., 55; Everett
v. Everett, 215 U. S., 203; Fall v. Eastin, 215 U. S., 1; Olmsted v. Olm-
sted, 216 U. S., 386; Tennessee Coal, etc., Co. v, George, 233 U. S.,
354; Supreme Council of Royal Arcanum v. Green, 237 TJ. S., 531;
Aetna Life Ins. Co. v. Tremblay, 223 TJ. S. 185; West Side Belt Co.
v. Pittsburgh Constr. Co., 219 TJ. S., 92; Michigan Trust Co. v. Ferry,
228 TJ. S., 346; Thompson v. Thompson, 226 TJ. S., 551; Wells, Fargo
& Co. v. Ford, 238 U. S., 503; Hood v. McGehee, 237 TJ. S., 611;
Burbank v. Ernst, 232 U. S., 162; Sistare t>. Sistare, 218 U. S., 11;
Converse v. Hamilton, 224 TJ. S., 243; Bigelow v. Old Dominion Copper
Min., etc., Co., 225 TJ. S., Ill; Hartford L. Ins. Co. v. Ibs, 237
U. S., 662; Swift v. McPherson, 232 TJ. S., 51; Bates v. Bodie, 245
U. S., 520; Hartford L. Ins. Co. v. Barber, 245 TJ. S., 146; Roche v.
McDonald, 275 TJ. S., 449; Bradford Elec. Co. v. Clapper, 286 U. S.,
145; Williams v. N. C., 317 TJ. S., 287 and 325 U. S., 226.
SECTION 2. 1 The Citizens of each
§ 210. PrivUeges
and immunities State shall be entitled to all Privileges
and Immunities of Citizens in the
several States.
Decisions of the Supreme Court of the United States:
Bank of United States v. Devereux, 5 Cr., 61;
Gassies V- Ballon, 6 Pet., 761; The State of Rhode
Island v. The Commonwealth of Massachusetts, 12
Pet., 657; The Bank of Augusta v. Earle, 13 Pet., 519; Moore v. The
People of The State of Illinois, 14 How., 13; Conner et al v. Elliott et al.,
18 How., 591; Dred Scott v. Sanford, 19 How., 393; Crandall v. State
of Nevada, 6 Wall., 35; Woodruff v. Parkam, 8 Wall., 123; Paul v.
Virginia, 8 Wall., 168; Downham v. Alexandria Council, 10 Wall., 173;
Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; Ward
v. Maryland, 12 Wall., 418; Slaughterhouse Cases, 16 Wall., 36; Brad-
well v. The State, 16 Wall., 130; Chemung Bank v. Lowery, 93 U. S., 72;
McCready v. Virginia, 94 U. S., 391; Philadelphia Fire Association v.
New York, 119 U. S., 110; Pembina Mining Co. v. Pennsylvania, 125
U. S., 181; Kimmish v. Ball, 129 U. S., 217; Cole v. Cunningham, 133
U. S., 107; Manchester v. Massachusetts, 139 U. S., 240; Pittsburg &
Southern Coal Co. v. Bates, 156 U. S., 577; Vance v. W. A. Vandercook,
No. 1, 170 U. S., 438; Blake v. McClung, 172 U. S., 239; Williams v.
Fears, 179 U. S., 270; Travellers Insurance Co. v. Connecticut, 185
U. S., 364; Chadwick v. Kelley, 187 U. S., 540; Diamond Glue Co. v.
[71]
CONSTITUTION OF THK UNITED STATES
§§222-214. {ARTICLE IV, SECTION 2}
U. S. Glue Co., 187 U. S., 611; Biackatone r. Millor, 188 U. S., 1
Anglo American Provision Co. i\ Davis Provision Co., 191 U. S.t 3
Chambers v. Baltimore ami Ohio Railroad Co., 207 U, S., 142; Hud
Water Co. v. McCarter, 200 17. 8., 340; Armour & Co. y. Virginia, :
U. S., 1.
2 A person charged in any State with Treasc
Felony, or other Crime, who shall fl
§ 212. Extradition * ' .
ror treason, felony from Justice, and be louncl in anotb
or other crime. (>f t
Authority of the State from which he fled, be d
livered up, to be removed to the State having Jur:
diction of the Crime.
Decisions of the Supreme Court of the United States:
Holmes v. Jcnuison et ah, 14 Pet., 540; Commc
§213. Decisions of weaith of Kentucky v. DenniHon, governor, 24 HOT
e *"" 66 ; Taylor v. Taint or, 10 Wall., 3i>0; Lx parte Regg
114 U. S., 642; Mahon v. Justice, 127 U. S,, 700; Lnscollcs v. Oeorg:
148 U. S., 537; Munsey v. Clough, 190 U. S., 364; Appleyard v. Mass
chusetts, 203 TJ. S., 222; Pettibone v. Nichols, 203 U. a, 102; MoNichc
v. Pease, 207 U. S., 100; Bossing v. Caely, 208 U. 8., 38G; Pierce
Creecy, 210 U. S., 387; Marbles v. Creecy, 215 U. S., C>3; Inncs v. Tobi
240 U. S., 127; Drew v. Thas, 235 U. S.*, 432; Strassheim v. Daily, 2:
U. S., 280; Biddinger ». Commissioner of Police, 245 U. S., 128; Burt<
v. N. Y. Cent. R. R., 245 U. S., 315.
3 No Person held to Service or Labour in one Stat
§ 214. Persona held under the Laws thereof, escaping inl
to service or labor. another; shall in Consequence of an
Law or Regulation therein, be discharged from sue
Service or Labour, but shall be delivered up o
Claim of the Party to whom such Service or Laboi]
may be due.
[72]
CONSTITUTION OF THE UNITED STATES
[AJBTICLE IV, SECTIONS 2, 3] §§216-218.
Decisions of the Supreme Court of the United States:
Prigg v- The Commonwealth of Pennsylvania, 16
Pet-» 539J Jones »• Van Zandt, 5 How., 215; Strader
et al. v. Graham, 10 How., 82; Moore v. The People
of the State of Illinois, 14 How., 13; Dred Scott v. Sandford, 19 How.,
393; Ableman v. Booth and United States v. Booth, 21 How., 506.
SECTION 3. l New States may be admitted by the
Congress into this Union: but no new
§ 216. Admission ° ;
and formation of State shall be formed or erected within
tates. ^e Jurisdiction of any other State; nor
any State be formed by the Junction of two or
more States, or Parts of States, without the consent
of the Legislatures of the States concerned as well as
of the Congress.
Decisions of the Supreme Court of the United States:
D * • f American Insurance Company et al. v. Canter (356
the court?1810118 ° bales cotton) , 1 Pet., 511; Pollard's Lessee v. Hagan,
3 How., 212; Cross et al. v. Harrison, 16 How., 164;
Ward v. Race Horse, 163 U. S., 504; Bolln v. Nebraska, 176 U. S., 83;
Louisiana v. Mississippi, 202 U. S., 1; Coyle v. Smith, 221 U. S., 559;
U. S. v. Sandoval, 231 U. S., 28; McCabe v. Atchison, etc., R. Co.,
235 U. S., 151; John v. Paullin, 231 U. S., 583.
2 The Congress shall have Power to dispose of and
§ 218. Power of make all needful Rules and Regulations
to^ndso^rterrs" respecting the Territory or other Prop-
nationai property. erty belonging to the United States ; and
nothing in this Constitution shall be so construed as
to Prejudice any Claims of the United States, or of
any particular States.
[73]
CONSTITUTION OF THE UNITED STATICS
§§219,220. [ARTICLE IV, SECTIONS 3, 43
Decisions of the Supreme Court of the United States:
McCulloch v. State of Maryland, 4 Wh., 316;
§219. Decisions of Americftn insurance Company v. Canter, 1 Pet, 51l';
ec°ur " United States v. Gratiot et ah, 14 Pet., 526; United
States 9. Rogers, 4 How., 507; Cross et al. v. Harrison, 16 How., 164;
Muckey et al. v. Coxe, 18 How., 100; Dred Scott v. Sandford, 19 How.,
393; Gibson v. Choutcau, 13 Wall., 92; Clinton ». Knglebrocht, 13 Wall,
434; Beall v. New Mexico, 10 Wall., 535; National Bank v. Yankton
County, 101 U. S., 129; United States v. Waddell, 112 U. S., 76; Van
Brocklin v. State of Tennessee, 117 U. S. 151; Clayton v. Utah Terri-
tory, 132 U. S., 632; Wisconsin Central Railroad Co. v. Price, 133 II. S.,
496; Geofroy v. Riggs, 133 U. S., 258; Mormon Church v. United States^
136 U. S., 1; Jones v. United States, 137 U. S., 202; St. Paul, Minne-
apolis, etc., Railway Co. v. Phelps, 137 U. S.f 528; Talton v. Mayes,
163 U. S., 376; American Publishing Co, v. Fisher, 166 U. S., 464;
Camfield v. United States, 167 U. S., 518; Thompson v. Utah, 170
U. S. 343; Green Bay & Mississippi Canal Co. v. Patten Paper Co., 173
U. S., 179; Neely v. Henkel (No. 1), 180 U. S., 109; De Lima v. Bidwell,
182 U. S., 1; Dooley ?>. United States, 182 U. S., 222; Downes v. Bidwell,
182 U. S., 244; Fourteen Diamond Rings v. United States, 183 U. S.,
176; Hawaii v. Mankichi, 190 U. S., 197; Binns v. United States, 194
U. S., 486; Dorr v. United States, 195 U. S., 138; Rassmussen v. United
States, 197 U. S., 516; United States v. Heinsgen, 206 U. S., 370; Graf-
ton v. United States, 206 U. S., 333; Ponce v. Roman Catholic Church,
210 U. S., 296; Atchison, Topeka & Santa Fe lly. Co. v. Sowers, 213
U. S. 55; El Paso & Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87;
Weems v. United States, 217 U. S., 349; Light v. U. S., 220 U. S., 523.
Oregon, etc., R. Co. v. U. S., 243 U. S., 549; Utah Power, etc., Co. v.
U. S. 243 U. S., 389; U. S. v. Midwest Oil Co., 236 U. S., 459; Inter-
state Commerce Com. v. U. S., 224 U. S., 474; Public Utility Commrs.
v. Ynchausti & Co:, 251 U. S. 401; Springer v. Philippine Islands, 277
U. S. 189; Hunt v. United States, 278 U. S., 96; Sinclair v. United
States, 279 U. S., 263; Ashwander v. Valley Authority, 297 U. S., 288.
SECTION 4. The United States shall guarantee to
§220. Republican every State in this Union a Republican
Form of Government, and shall protect
domestic violence eac]a of them against Invasion; and on
guaranteed to the ^ ?
states. Application of the Legislature, or of the
[74]
CONSTITUTION OF THE UNITED STATES
§§ 221, 222.
Executive (when the Legislature cannot be con-
vened) against domestic violence.
Decisions of the Supreme Court of the United States:
§221 Decisions of Luther v. Borden, 7 How., 1; Texas v. White, 7
the court. Wall., 700; In re Duncan, 139 II S., 449 ; Taylor et al.
v. Beckham (No. 1), 178 U. S., 548; South Carolina v.
United States, 199 U. S., 437; O'Neill v. Learner, 239 U. S., 244; Houck
v. Little River Drainage Dist., 239 U. S., 254; Michigan Cent. R. Co. v.
Powers, 201 U. S., 245; Pacific States Tel. Co. v. Oregon, 223 U. S.,
118; Ohio v. Hildebrant, 241 U. S., 565.
ARTICLE V.
The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose
l^crslTon, Amendments to this Constitution, or,
on the Application of the Legislatures
of two thirds of the several States, shall call a Con-
vention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as
Part of this Constitution, when ratified by the Legis-
latures of three fourths of the several States, or by
Conventions in three fourths thereof, as the one or the
other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment which may
be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the
first and fourth Clauses in the Ninth Section of the
first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.
[75]
CONSTITUTION OP THE UNITED STATES
58223-225. t ARTICLES V, VIJ
Amendments to the Constitution are proposed in the form of joint
§ 223. Form of and resolutions, which have their several readings and are
action on amend- enrolled and signed by the presiding officers of the
ments to the two Houses ( V, 7020, footnote) , but are not presented
Constitution. to the p^g^ent for his approval (V, 7040). They
are filed with the Administrator of General Services by the Committee
on House Administration (1 U. S. C. 106b). The two houses havi
requested the President to transmit to thi> States forthwith certaii
proposed amendments (V, 7041, 7043), but a concurrent resolution
to this end is without privilege (VIII, 3508). The President ma;
notify Congress by message of the promulgation of the ratification of ;
constitutional amendment (V, 7044). Question has arisen as to th
power of a State to recall its assent to a constitutional amendmen
(V. 7042).
The vote required on a joint resolution proposing an amendment t<
§ 224. The two- ^e Constitution is two-thirds of those voting, !
thirds vote on quorum being present, and not two-thirds of the en
proposed tire membership (V, 7027, 7028; VIII, 3503). Th
amendments. requirement of the two-thirds vote applies to th
vote on the final passage and not to amendments (V, 7031, 7032
VIII, 3504), or prior stages (V, 7029, 7030), but is required where th
House votes on agreeing to Senate amendments (V, 7033, 7034; VIII
3505), or on agreeing to a conference report (V, 7036). One Hous
having, by a two-thirds vote, passed in amended form a propose
constitutional amendment from the other House, and then havin
by a majority vote receded from its amendment, the constitutions
amendment was held not to be passed (V, 7035) .
The yeas and nays are not required to pass a joint resolution propoi
ing to amend the Constitution (V, 7038-7039; VIII, 3500).
Decisions of the Supreme Court of the United States: Barry v. U.
ex. rel. Cunningham, 279 U. S., 597; Coleman v. Miller, 307 U. S. 433.
ARTICLE VI.
XA11 Debts contracted and Engagements entere
§225. validity of "lto' kef ore the Adoption of this Coi
debts and stitution, shall be as valid against tl
engagements. TT •
United States under this Constitutioi
as under the Confederation.
[re]
CONSTITUTION OF THE UNITED STATES
CABTICLE VI] §§ 226,227.
2 This Constitution, and the Laws of the United
States which shall be made in Pursu-
§226. constitution, ance thereof ; and all Treaties made, or
which sha11 be made, under the Author-
fry of the United States, shall be the
supreme Law of the Land; and the
Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to
the Contrary notwithstanding.
Decisions of the Supreme Court of the United States :
Ware v. Hylton, 3 DalL, 199; Dodge v. Woolsey,
18 How'> 3B1 ; State of New York v- Dibble> 21 How.,
366; Ableman v. Booth and United States v. Booth,
21 How., 506; Sinnot v. Davenport, 22 How., 227; Foster v. Davenport,
22 How., 244; Haver v. Yaker, 9 Wall., 32; Claflin v. Houseman,
assignee, 93 U. S., 130; United States v. 43 Gallons of Whisky, 93
U. S., 188; Hauenstein v. Lynham, 100 U. S., 483; Neal v. Delaware,
103 U. S., 370; Ex parte Crow Dog, 109 U. S., 556; Carroll County
v. Smith, 111 U. S., 556; Head Money Cases, 112 U. S., 580; Van
Brocklin v. State of Tennessee, 117 U. S., 151; United States
v. Rauscher, 119 U. S., 407; Ker v. Illinois, 119 U. S., 436; Whitney v.
Robinson, 124 U. S., 190; The Chinese Exclusion Cases, 130 U. S., 581;
Geofroy v. Riggs, 133 U. S., 258; In re Neagle, 135 U. S., 1; Horner v.
United* States, 143 U. S., 570; Fong Yue Ting v. United States, 149
U. S., 698; Gulf, Colorado and Santa Fe Railway Co. v. Hefley, 158
U. S., 98; Ward v. Race Horse, 163 U. S., 504; McClellan v. Chipman,
164 U. S., 347; Smyth v. Ames, 169 U. S., 466; Missouri, Kansas &
Texas Railway Co. v. Haber, 169 U. S., 613; Ohio v. Thomas, 173 U.
S., 276; Lone Wolf v. Hitchcock, 187 U. S., 553; South Carolina v.
United States, 199 U. S., 437; Paddell v. City of New York, 211 U. S,,
446; Berea College v. Kentucky, 211 U. S., 45; McLean v. Arkansas,
211 U. S., 539; Atchison, Topeka & Santa Fe Ry. Co. v. Sowers, 213
U. S., 55; Sanchez v. United States, 216 U. S., 167; Choctaw, etc., R.
Co., v. Harrison, 235 U. S., 292; Farmers, etc., Bank v. Minnesota,
232 U. S., 516; Clement Nat. Bank v. Vermont, 231 U. S., 120; Pa. v.
Nelson, 350 U. S., 497.
[77]
CONSTITUTION OF THE UNITBD STATES
§§228-230. [ARTICLE VI J
3 The Senators and ^Representatives before men-
§ 228. oaths of tioned, and the Members of the several
and^Son State Legislatures, and all executive
of reu^ous tests, and judicial Officers, both of the United
States and of the several States, shall be bound by
Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the
United States.
The statutes prescribe the form of oath as follows (5 U. S. C. 16;
I, 128):
"I, A B, do solemnly swear (or affirm) that I will
§229. Poem of support and defend the Constitution of the United
°* * States against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I take this obliga-
tion freely, without any mental reservation or purpose of evasion, and
that I will well and faithfully discharge the duties of the office on which
I am about to enter. So help me God."
The act of 1789 provides that on the organization of the House and
previous to entering on any other business the oath
§ 230. Administra- ghall be administered by anv Member-— by usage
tion of oath at , * * * .
organization. kut not alwavs the one of longest continuous service
(I, 131; VI, 6)— to the Speaker and by the Speaker
to the other Members and Clerk (I, 130). This law, however, has at
times been considered in the House as directory merely (I, 118r 242,
243, 245; VI, 6), but at other times has been observed carefully (I, 118,
140). Previously it was the custom to administer the oath by State
delegations, but beginning with the Seventy-first Congress Members-
elect have been sworn in en masse (VI, 8). The Clerk supplies printed
copies of the oath to Members and Delegates who have taken the oath
in accordance with law, which shall be subscribed by the Members and
Delegates and delivered to the Clerk to be recorded in the Journal and
Congressional Record as conclusive proof of the fact that the signer
duly took the oath in accordance with law (2 U. S. C. 25).
[78]
CONSTITUTION OF THE UNITED STATES
[ARTICLE VH §§ 231-233.
The Speaker possesses no arbitrary power in the administration of the
§ 231. Functions oat^ (*» 134), and when objection is made the ques-
of the Speaker in tion must be decided by the House and not by the
administering Chair (I, 519, 520). An objection prevents the
the oath. Speaker from administering the oath of his own
authority, even though the credentials be regular in form (I, 135-138).
The Speaker has frequently declined to administer the oath in cases
wherein the House has, by its action, indicated that he should not do
so (I, 139, 140). And in case of doubt he has waited the instruction
of the House (I, 396; VI, 11). There has been discussion as to the
competency of a Speaker pro tempore to administer the oath (I, 170),
and in the absence of the Speaker a Member-elect waited until the
Speaker should be present (I, 179), but in 1920 a Speaker pro tempore
whose designation by the Speaker had been approved by the House,
administered the oath to a Member (VI, 20). The House may author-
ize the Speaker to administer the oath to a Member away from the
House (I, 169), or may, in such a case, authorize another than the
Speaker to administer the oath (I, 170; VI, 14). For Forms used in
this procedure see (VI, 14) .
Members have been sworn at the beginning of a second session before
§232. Administra- the ascertainment of a quorum (I, 176-178), and
tion of the oath where a roll call or other ascertainment has shown
as related to the the absence of a quorum (I, 178, 181, 182; VI, 21).
quorum. jn Qne J^Q^Q^Q^ however, the Speaker declined to
administer the oath under such circumstances (II, 875) .
A proposition to administer the oath to a Member is a matter of high
privilege (VI, 14), and the oath has been adminis-
§ 233. Privilege of tered during a cau of the roll on a motion to agree to
thToTth. rules at the time of organization (1, 173; VI, 22), before
the reading of the Journal (1, 172), in the absence of a
quorum (VI, 22), on Calendar Wednesday (VI, 22), before a pending
motion to amend the Journal (I, 171). A division being demanded
on a resolution for seating several claimants, the oath may be admin-
istered to each as soon as his case is decided (1, 623) . When the House
votes to admit a Member and the motion to reconsider is disposed of,
the right to be sworn is complete and not to be deferred even by a
motion to adjourn (I, 622).
[79]
CONSTITUTION OF THE UNITED STATES
§§234-236. [ARTICLE VIJ
The right of a Member-elect to take the oath is sometimes chal-
lenged and the Speaker requests the Member-elect
§ 234. challenge of to stand aside temporarily (VI, 9-11, 174; VIII,
the right to take 33g6) _ This usuan y occurs at the time of orgaiW
the oath. ^.^ ^ ^e jjouge 'j^e challenge proceeds from
some Member, but the fact that he has not yet taken the oath himself
does not debar him from making the challenge (I, 141). The Member
challenging does so on his responsibility as a Member or on the strength
of documents (I, 448) or on both (I, 443, 474) . And where an objec-
tion was sustained neither by affidavit nor on the responsibility of the
Member objecting, the House declined to entertain it (I, 455).
It has been held, although not uniformly, that in cases where the
§ 935 consider- right of a Member-elect to take the oath is challenged,
tion of an objection the Speaker may direct the Member to stand aside
to the taking of temporarily (I, 143-146, 474; VI, 9, 174; VIII, 3386).
the oath. The Member so challenged is not thereby deprived
of any right (I, 155), and when several are challenged and stand aside
the question is first taken on the Member-elect first required to stand
aside (I, 147, 148). In 1861 it was held that the House might direct
contested names to be passed over until the other Members-elect had
been sworn in (I, 154) . Motions and debate are in order on the ques-
tions involved in a challenge, and in a few cases other business has
intervened by unanimous consent (I, 149, 150). By unanimous con-
sent the consideration of a challenge is sometimes deferred until after
the completion of the organization (I, 474), and by unanimous consent
also the House has sometimes proceeded to legislative business pending
consideration of the right of a Member to be sworn (I, 151—152).
Although the House has emphasized the impropriety of swearing in a
§ 236. Relation of Member without credentials (I, 162-168), yet it has
credentials to the been done in cases wherein the credentials are de-
right to take the layed or lost and there is no doubt of the election
oa111- (I, 85, 176-178; VI, 12, 13), or where the governor
of a State has declined to give credentials to a person, whose election
was undoubted and uncontested (I, 553) . A certificate of election in
due form having been filed, the Clerk placed the name of the Member-
elect on the roll, although he was subsequently advised that a State
Supreme Court had issued a writ restraining the Secretary of State
from issuing such certificate (January 3, 1940, p. 8) . Where the prima
facie right is contested the Speaker declines to administer the oath
(I, 550), but the House admits on his prima facie showing and without
regard to final right a Member-elect from a recognized constituency
whose credentials are in due form and whose qualifications are unques-
tioned (I, 528-534) . If the status of the constituency is in doubt, the
House usually defers the oath (1, 361, 386, 448, 461) . The House also may
[80]
CONSTITUTION OF THE UNITED STATES
[ARTICLES VI, VII J §§237-239.
defer the oath when a question of qualifications arises (I, 474), but it
may investigate qualifications after the oath is taken (I, 156-159, 420>
462, 481), and after investigation unseat the Member by majority
vote (I, 428).
Questions of sanity (I, 441) and loyalty (1, 448) seem to pertain to the
§ 237. Sanity and competency to take the oath rather than to the ques-
loyaity as related tion of qualifications, although there has been not a
to the oath. jftfla debate on this subject (I, 479). In one case a
Member-elect who had not taken the oath, was excluded from the
House for disloyalty (VI, 57).
Decisions of the Supreme Court of the United States:
Ex parte Garland, 4 Wall., 333; Davis v. Beason,
§238. Decisions of 133 ^ g^ 333; Mormon Church v. United States,
tne court. 136 U. S., 1.
ARTICLE VII.
The Ratification of the Conventions of nine States,
shall be sufficient for the Establishment
§239. Ratification . •» r*
of the of this Constitution between the States
Constitution. , • /» • , -i ri
so ratifying the bame.
DONE in Convention by the Unanimous Consent of
the States present the Seventeenth Day of Sep-
tember in the Year of our Lord one thousand seven
hundred and Eighty-seven and of the Independence
of the United States of America the Twelfth. In
Witness whereof We have hereunto subscribed our
Names.
Go WASHINGTON—
Presidt. and Deputy from Virginia.
[Signed also by the deputies of twelve States.]
New Hampshire.
JOHN LANGDON, NICHOLAS OILMAN.
Massachusetts.
NATHANIEL GORHAM, RUPUS KING.
[81]
CONSTITUTION OF THE UNITED STATES
WM. SAML. JOHNSON,
ALEXANDER HAMILTON.
WIL: LIVINGSTON,
DAVID BREARLEY,
B. FRANKLIN,
ROBT. MORRIS,
THO: FITZSIMONS,
JAMES WILSON,
GBO: READ,
JOHN DICKINSON,
JACO: BROOM,
JAMES M'HENRY,
DANL CARROLL.
JOHN BLAIR,
WM. BLOXTNT,
Htr. WILLIAMSON.
J. KITTLED GE,
CHARLES PINCKNEY,
WILLIAM FEW,
Attest:
Connecticut.
ROOBR SHERMAN
New York.
New Jersey.
\V M. PATE HKON,
JON A. DAYTON.
Pennsylvania.
THOMAS MIPPLXN,
OBO: CLYMER,
JARBD INGKRSOLL,
Gouv: MORRIS.
Delaware.
GUNNING BEDFORD, Jun'r,
RICHARD
Maryland.
DAN: OF ST. THOS. JENIFER,
Virginia.
JAMBS MADISON, Jr.
North Carolina.
RXCH'D DOBBS SPAIQHT,
South Carolina.
CHARLES COTXSS WORTH PINCKNBY,
PIERCE BUTLBW.
Gecrg-ia.
ABR. BALDWIN.
WILLIAM JA.OKSON, Secretary.
[82]
OONSTITUTIOlSr OF THE UNITED STATES
§§ 240, 241.
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION OP THE UNITED STATES OF AMERICA,
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEG-
ISLATURES OF THE SEVERAL STATES PURSUANT TO
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITU-
TION. a
AMENDMENT I.
Congress shall make no law respecting an estab-
§240. Freedom of Kshment of religion, or prohibiting the
^^SS^ free exercise thereof; or abridging the
assembly. freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Decisions of the Supreme Court of the United States:
Terret et al. v. Taylor et al., 9 Cr., 43; Vidal et al.
§241. Decisions of v. Girard et al., 2 How., 127; Ex parte Garland, 4
the court. Wall., 333; United States v. Cruikshank et al.,
92 U. S., 542; Reynolds v. United States, 98 U. S.,
145; Spies v. Illinois, 123 U. S., 131; Davis v. Season, 133 U. S., 333;
Eilenbecker v. Plymouth County, 134 U. S., 31; Mormon Church v.
United States, 136 U. S., 1; In re Rapier, 143 U. S., 110; Horner v.
United States, 143 U. S., 207; Bradfield v. Roberts, 175 U. S., 291;
* The first ten amendments to the Constitution of the United States
were proposed to the legislatures of the several States by the First Con-
gress, on the 25th of September, 1789. They were ratified by the
following States, and the notifications of ratification by the goveifciors
thereof were successively communicated by the President to Congress:
New Jersey, November 20, 1789; Maryland, December 19, 1789;
North Carolina, December 22, 1789; South Carolina, January 19, 1790;
New Hampshire, January 25, 1790; Delaware, January 28, 1790;
Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode
Island, June 15, 1790; Vermont, November 3, 1791; Virginia, Decem-
ber 15, 1791; Massachusetts, March 2, 1939; Connecticut, April 19,
1939, and Georgia, March 18, 1939.
[83]
CONSTITUTION OF THE UNITED STATES
§§ 242-246.
Turner v. Williams, 194 U. S.t 279; Jack v. Kansas, 199 U. S,, 372;
Quick Bear v. Leupp, 210 U. S., 50; Twining ». Now Jersey, 211 U.S.',
78; Lewis Pub. Co. v. Morgan, 229 U. S.( 288; Selective Draft Cases',
245 U. S., 366; (.Espionage Act) Sehacfer v. U. S., 251 U. S., 466.
AMENDMENT IL
A well regulated Militia, being necessary to the
§ 242. The right security of a free State, the right of the
to bear arms. people to keep and bear Arms, shall not
be infringed.
Decisions of the Supreme Court of the United States:
Presser r. Illinois, 116 U. vS., 252; Spies v. Illinois,
123 u- s" I3t ; Hiteirtwtor v. Plymouth County, 134
U. S., 31; Jack u. Kaunas, 199 U. S., 372; Twining v.
New Jersey, 211 U. S., 78,
AMENDMENT III.
No Soldier shall, in time of peace be quartered in
any house, without the consent of the
§244. Quartering ^ ' .
of soldiers in Owner, nor in time of war, but in a
houses. manner to be prescribed by law.
Decisions of the Supreme Court of the United States:
Spies v. Illinois, 123 U. S., 131; Kilcnbecker v. Ply-
mouth County, 134 U. S., 31; Jack v. Kansas, 199
U. S., 372; Twining v. Now Jersey, 211 U. S., 78.
AMENDMENT IV.
The right of the people to be secure in their persons,
§ 24.6. security houses, papers, and effects, against un-
^chrsTnSdnable reasonable searches and seizures, shall
seizures. nc£ he violated, and no Warrants shall
issue, but upon probable cause, supported by Oath
[84]
CONSTITUTION OF THE UNITED STATES
§§ 247, 248.
or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Decisions of the Supreme Court of the United States:
Smith v. State of Maryland, 18 How., 71; Murray's
§247. Decisions of Leggee ^ ^ ^ Hoboken Land and Improvement
the court. Company, 18 How., 272; Ex parte Milligan, 4 Wall.,
2; Boyd v. United States, 116 U. S., 616; Spies v. Illinois, 123 U. S., 131;
Eilenbecker v. Plymouth County, 134 U. S., 31; Fong Yue Ting v.
United States, 149 U. S., 698; Interstate Commerce Commission v.
Brimson, 154 U. S., 447; In re Chapman, 166 U. S., 661; Adams v. New
York, 192 U. S., 585; Morris v. Hitchcock, 194 U. S., 384; Public Clear-
ing House v. Coyne, 194 U. S., 497; Interstate Commerce Commission
v. Baird, 194 U. S., 25; Jack v. Kansas, 199 U. S., 372; Hale v. Henkel,
201 U. S., 43; Consolidated Rendering Co. v. Vermont, 207 U. S., 541;
American Tobacco Co. v. Werckmeister, 207 U. S., 284; Twining v.
New Jersey, 211 U. S., 78; Hammond Packing Co. v. Arkansas, 212
U. S., 322; Bagley v. General Fire Extinguishing Co., 212 U. S., 477;
Smithsonian Institution v. St. John, 214 U. S., 19; Rhodus v. Manning,
217 U. S., 597; Weeks v. U. S., 232 U. S., 392; Wilson v. U. S., 221 U. S.,
361; Wheeler v. U. S., 226 U. S., 479; American Lithographic Co. v.
Werckmeister, 221 U. S., 603; Flint v. Stone Tracy Co., 220 U. S., 107;
SiLverthorne Lumber Co. v. U. S., 251 U. S., 385; United States v. Lee,
274 U. S., 559; Olmstead v. United States, 277 U. S., 438.
AMENDMENT V.
No person shall be held to answer for a capital, or
§248. security as otherwise infamous crime, unless on a
waicsc^nd°ns> presentment or indictment of a Grand
property. Jury, except in cases arising in the land
or naval forces, or in the Militia, when in actual
service in time of War or public danger;1 nor shall
any person be subject for the same offence to be twice
put in jeopardy of life or limb;2 nor shall be com-
pelled in any Criminal Case to be a witness against
himself;3 nor be deprived of life, liberty, or property,
02581°— H. Doc. 459, SO-2 7
CONSTITUTION OF THK UNITED STATES
5249.
without due process of law;4 nor shall private prop-
erty be taken for public use, without just compen-
sation.5
Decisions of the Supreme Court of the United States:
Kepner t>. United States, 105 U. S., 100; McCr&y
United States' I05 U* S" 27> ' Raasmuasen «,
United States, 197 U. S., 510; « Ju Toy v. United
States, 198 U. S., 253; 3 Jack t>. Kansas, 199 U. S., 372; 4 South Carolina
v. United States, 199 U. S., 437; 2 Trono «>. United States, 199 U. S., 521;
5 Chicago, B. & Q. Ry. Co, v. Drainage Commissioners, 200 U. S., 561;
6 Southern Pacific R. R. Co. v. United States, 200 U. S., 341; Howards
Kentucky, 200 U. S., 164; 3 Hale v. Henkel, 201 U. S., 43; 3 McAlistert?.
Henkel, 201 U. S., 90; * Nelson v. U. S., 201 U. S., 92; » Sawyer v. U. S,
202 U. S., 150; * Matter of Moran, 203 U. S., 96; » Union Bridge Co. ».
U. S., 204 U. S., 364; 5 Martin v. District of Columbia, 205 U. S., 135;
Barrington 3 v. Missouri, 205 U. S., 483; * »atl 5 United States v.Heinszen,
206 U. S., 370; 4 Ellis t;. U. S., 206 U. S., 240; 2 Grafton v. U. S., 206
U. S., 333; 4 Hunter ». Pittsburgh, 207 U. S., 161 ; a Taylor v. U. S., 207
U. S., 120; Shoener v. Pennsylvania, 207 U. S., 188; 3 W fl Consolidated
Rendering Co. v. Vermont, 207 U. Sv 541; 3 American Tobacco Co. v.
Werckmeister, 207 U. S., 284; < Adair v, U. S., 208 U. S., 161; 2 Bassing
v. Cady, 208 U. S., 386; 4 Garfield v. Goldsby, 211 U. S., 249; 3 *nd4 Twin-
ing v. New Jersey, 211 U. S., 78; 4 Goon Shuiitf v. United States, 212
U. S., 566; 4 New York Central R. R. v. United States, 212 U. S., 481;
* United States v. Delaware & Hudson Co., 213 U. S., 366; 2 Keerl v.
Montana, 213 U. S., 135; 4 Oceanic Navigation Co. v. Stranahan, 214
U. S., 320; District of Columbia v. Brooke, 214 U. S., 138; 4 Sanchez v.
United States, 216 U. S., 167; * Monongahcla Bridge Co. v. United
States, 216 U. S., 177; 2 Brantley v. Georgia, 217 U. S., 284; 3 Rhodustr.
Manning, 217 U. S., 597; 4 United States v. Welch, 217 U. S., 333; St.
Louis S. W. Ry. Co. v. Garrison, 237 U. S., 136; Jones v. Buffalo Creek
Coal Co., 245 U. S., 328; * Stroud v. U. S., 251 U. S., 15; 4 *'ld 5 Hamilton
v. Kentucky Distilleries Co., 251 U. S., 146; 4 Jacob Ruppert v. Caffey,
251 U. S., 264; 4 Public Utility Cornnirs. v. Ynchausti <fe Co., 251 U. S.,
401; Silverthorne Lumber Co. v. U. S., 251 U. S., 385; 4 Lever Act Cases,
255 U. S. 81; 4 Adkins v. Childrens Hospital, 261 U. S., 525; Yu Cong
Eng v. Trinidad, 271 U. S., 500; » Oluistead v. United States, 277 U. S.,
438; 4 and 5 Clarke v. Haberle Brewing Co., 280 U. 8., 384; * Retirement
Board v. Alton R. Co., 295 U. S., 330; 3 Adamson v. U. S., 332 U. S.,
46;3 Ullmann v. U. S., 350 U. S., 422; * Watkins v. U. S., 354 U. S., 178.
[86]
CONSTITUTION OP THE UNITED STATES
§§ 250, 251.
AMENDMENT VI.
In all criminal prosecutions, the accused shall
§250. Bight to enJ°y the right to a speedy and public
trial by jury and trial, by an impartial jury of the State
witaes^s and secure and district wherein the crime shall
testimony. have been committed, which district
shall have been previously ascertained by law, and
to be informed of the nature and cause of the accu-
sation; to be confronted with the witnesses against
him; to have compulsory process for obtaining wit-
nesses in his favor, and to have the Assistance of
Counsel for his defence.
Decisions of the Supreme Court of the United States :
. Withers v. Buckley et al., 20 How., 84; Ex parte
the cowt HS Milligan, 4 Wall., 2; Twichell v. The Commonwealth,
7 Wall., 321; Miller v. The United States, 11 Wall.,
268; United States w. Cook, 17 Wall., 168; United States v. Cruikshank
et al., 92 U. S., 542; Reynolds v. United States, 98 U. S., 145; Spies v.
Illinois, 123 U. S., 131; Brooks v. Missouri, 124 U. S., 394; Callan v.
Wilson, 127 U. S., 540; Eilenbecker v. Plymouth County, 134 U. S.,
31; Jones v. United States, 137 U. S., 202; Cook v. United States, 138
U. S., 157; In re Shubuya Jugiro, 140 U. S., 291; In re Ross, 140 U. S.,
453; Fong Yue Ting v. United States, 149 U. S., 698; Mattox v. United
States, 156 U. S., 237; Rosen v. United States, 161 U. S., 29; United
States v. Zucker, 161 U, S., 475; Wong Wing v. United States, 163
U. S., 228; Thompson t;. Utah, 170 U. S., 343; Maxwell v. Dow, 176
U. S., 581; Motes v. United States, 178 U. S., 458; Fidelity and Deposit
Co. v. United States, 187 U. S., 315; Hawaii v. Mankichi, 190 U. S.,
197; Lloyd v. Dollison, 194 U. S., 445; West v. Louisiana, 194 U. S.,
258; Turner v, Williams, 194 U. S., 279; Schirk v. United States, 195
U. S., 65; Dorr v. United States, 195 U. S., 138; Rassmussen v. United
States, 197 U. S., 516; Beavers v. Haubert, 198 U. S., 77; Marvin t>.
Trout, 199 U. S., 212; Jack v. Kansas, 199 U. S., 372; Martin v. Texas,
200 U. S., 316; Howard v. Kentucky, 200 U. S., 164; Sawyer v. United
States, 202 U. S., 150; Tinsley v. Treat, 205 U. S., 20; Ughbanks v.
[87]
CONSTITUTION OF THK UXITK1) STATES
§§ 25% 253.
Armstrong, 208 U. S., 481; Armour Packing Co. v. United States, 209
U. S., 56; Twining v. New Jersey, 21 1 U. S., 78; Goon Shung v. United
States, 212 U. S., 566; 3 Knoxvillo v. Knosville Water Co., 212 U. S., 1-
United States v. Stevenson, 215 U. 8., 190; Jiaa* v. Henkel, 216 U/&,
462; U. S. v. Reagan, 232 U. S., 37; Brown v. Klliott. 225 U. S., 392;
Hyde v. U. S., 225 U. S., 347; Seven Cas<w v. U. S., 239 U. S., 510;
Johnson v. U. S., 225 U. $., 405; \Vil«on t\ U, B., 221 U. S., 361; Dowdell
t7. U. S., 221 U. S., 325; Ruthonhorg v. U. SM 245 U. 8., 480; Schaeferu.
U. S., 251 U. S., 466; Lever Act Cases, 255 V. S., SI ; Oaines v. Wash-
ington, 277 U. S., 81; Lewis v. United States, 279 U, B., 63; Patton*
United States, 281 U. S., 276; United States i». Wood, 209 U. S., 123;
Green v. U. S., 356 U. S. 165.
AMENDMENT VII.
In suits at common law, where the value in con-
5252. jury trial in troversy shall exceed twenty dollars,
suits at common law. ^ right of ^.^ by jury gj^jj be p]^
served, and no fact tried by a jury shall be otherwise
re-examined in any Court of the United States, than
according to the rules of the common law.
Decisions of the Supreme Court of the United States :
United States v. La Vengeance, 3 DalL, 297; Bank
SOf of c°lumbia »• Oakley, 4 Wh., 235; Parsons v. Bed-
ford et al., 3 Pet., 433 ; Lessc of Livingston v. Moore et
al., 7 Pet., 469; Webster v. Reid, 11 How., 437; State of Pennsylvania v.
The Wheeling, <fec., Bridge Company et al., 13 How., 518; The Justices
v. Murray, 9 Wall., 274; Edwards v. Elliott et al., 21 Wall., 532; Pearson
v. Yewdall, 95 U. S., 294; McElrath v. United States, 102 U. S., 426;
Spies v. Illinois, 123 U. S., 131; Arkansas Valley Land & Cattle Co.
v. Mann, 130 U. S., 69; Eilenbecker v. Plymouth County , 134 U. S., 31;
Whitehead v. Shattuck, 138 U. S., 146; Scott v. Neely, 140 U. S., 106;
Gates v. Allen, 149 U. S., 451; Pong Yue Ting v. United States, 149
U. S., 698; Coughran v. Bigelow, 164 U. S., 301; Walker v. New Mexico
& Southern Pacific Railroad, 165 U. S., 593; Chicago, Burlington &
Quincy v. Chicago, 166 U. S., 226; American Publishing Co. v. Fisher,
166 U. S., 464; Rassmussen v. United States, 197 U. S., 516; Marvin v.
[88]
COKSTITUTION OF THE UNITED STATES
§§ 254-257.
Trout, 199 U. S., 212; Jack t;. Kansas, 199 U. S., 372; Fidelity Mutual
Life Ins. Co. v. Clark, 203 U. S., 64; Twining v. New Jersey, 211 U. S.,
78; St. Louis, etc., Land Co. v. Kansas City, 241 U. S., 419; Mountain
Timber Co. v. Washington, 243 U. S., 219; Minnesota, etc., R. Co. v.
Bombolis, 241 U. S., 211; Luria v. U. S., 231 U. S., 9; Pease v. Rathbun-
Jones Engineering Co., 243 U. S., 273; Meeker t?. Lehigh VaUey R. Co.,
236 U. S., 439; Pedersen v. Delaware, etc., R. Co. 229 U. S., 146; Young
v. Central R. Co., 232 U. S., 602; Wickwire v. Reinecke, 275 U. S., 101;
Dimick v. Schiedt, 293 U. S,. 474.
AMENDMENT VIII.
§254. Excessive Excessive bail shall not be required,
^ulrU^hTetts n°r excessive fines imposed, nor cruel
prohibited. an(j unusual pun j shm en t g inflicted.
Decisions of the Supreme Court of the United States :
Pervear v. Commonwealth, 5 Wall., 475; Spies v.
Illinois, 123 U. S., 131; Manning v. French, 133 U. S.,
186; Eilenbecker v. Plymouth County, 134 U. S., 31;
McElvaine v. Brush, 142 U. S., 155; O'Neil v. Vermont, 144 U. S., 323;
McDonald v. Massachusetts, 180 U. S., 311; Jack v. Kansas, 199 U. S.,
372; Ughbanks v. Armstrong, 208 U. S., 481; Twining v. New Jersey,
211 U. S., 78; Weems v. United States, 217 U. S., 349; Collins v. Johns-
ton, 237 U. S., 502; Badders v. U. S., 240 U. S., 391.
AMENDMENT IX.
The enumeration in the Constitution.
§ 256. Rights
reserved to the of certain rights, shall not be construed
people* to deny or disparage others retained
by the people
Decisions of the Supreme Court of the United States:
Lessee of Livingston v. Moore et al., 7 Pet., 496:
SPies v' Illinois> 123 U- S-> 131; Jack »• Kansas, 199
U. S., 372.
[89]
states*
CONSTITUTION OF THE UNITED
§§ 258-260.
AMENDMENT X.
The powers not delegated to the United States by
the Constitution, nor prohibited by it
to the States, are reserved to the States
respectively, or to the people.
Decisions of the Supreme Court of the United States:
Claflin v. Houseman, assignee, 93 U. S., 130; Inman Steamship Com-
pany v. Tinker, 94 U. S., 238; United States v. Fox,
§259. Decisions of 94 ^ g^ 315; Tennessee v. Davis, 100 U. S., 257;
the court. g^ieg ^ Iilinois? 123 LT> g>j 131. pollock Vm Farmers'
Loan & Trust Co. (Income Tax case), 157 U. S., 429; Forsyth v. Ham-
mond, 166 U. S., 506; St. Anthony Falls Water Power Co. v. St. Paul
Water Commissioners, 168 U. S., 349; Missouri- Kansas <fe Texas Rail-
way Co. v. Haber, 169 U. S., 613; Hancock Mutual Life Ins. Co. v.
Warren, 181 U. S., 73; Kansas v. Colorado, 185 U. S., 125; Andrews t».
Andrews, 188 U. S., 14; Northern Securities Co. v. United States, 193
U. S., 197; Turner v. Williams, 194 U. S., 279; McCray v. United
States, 195 U. S., 27; Central of Georgia- Ry. Co. v. Murphey, 196 U. S.,
194; Matter of Heff (Indian), 197 U. S., 488; South Carolina v. United
States, 199 U. S., 437; Jack v. Kansas, 199 U. S. 372; Hodges v. United
States, 203 U. S., 1; Kansas v. Colorado, 206 U. S. 46; Prentis v. Atlantic
Coast Line, 211 U. S., 210 Keller v. United States, 213 U. S,, 138;
Adams Express Co. v. Kentucky, 214 U. S., 218; Western Union Tele^
graph Co. v. Chiles, 214 U. S., 274; Holmgren v. United States, 217
U. S., 509; Hebert ». U. S., 272 U. S., 312; U. S. v. Butler (A. A. A),
297 U. S., 1,
AMENDMENT XL*
The Judicial power of the United States shall not
§260. Extent of the be construed to extend to any suit in
judicial power. jaw or equity, commenced or prosecuted
a The eleventh amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Third
Congress on the 5th of September, 1794; and was declared in a message
from the President to Congress dated the 8th of January, 1798, to have
been ratified by the legislatures of three-fourths of the States.
[90]
CONSTITUTION OF THE UNITED STATES
§261.
against one of the United States by Citizens of an-
other State, or by Citizens or Subjects of any Foreign
State.
Decisions of the Supreme Court of the United States:
State of Georgia v. Brailsford et al., 2 DalL, 402;
tito wuA!"310118 °f Chisholm, ex., v. State of Georgia, 2 DalL, 419; Hol-
lings-worth et al. v. Virginia, 3 DalL, 378; Cohen v.
Virginia, 6 Wh., 264; Osborn v. United States Bank, 9 Wh., 738; United
States v. The Planters' Bank, 9 Wh., 904; the Governor of Georgia v.
Juan Madrazo, 1 Pet., 110; Cherokee Nation v. State of Georgia, 5
Pet., 1; Briscoe v. The Bank of the Commonwealth of Kentucky, 11
Pet., 257; Curran v. State of Arkansas et al., 15 How., 304; Louisiana
v. Jumel, 107 U. S., 711; New Hampshire v. Louisiana, 108 U. S. 76;
Clark v. Barnard, 108 U. S. 436; Cunningham v. Macon & Brunswick
Railroad, 109 U. S., 446; Poindexter v. Greenlow, 114 U. S., 270; Allen
auditor, et al. v. Baltimore & Ohio R. R. Co., 114 U. S., 311; Hagood
v. Southern, 117 U. S., 52; Ralston v. Missouri Fund Commissioners,
120 U. S., 390; In re Ayers, 123 U. S., 443; Lincoln County v. Luning,
133 U. S., 529; Christian v. Atlantic & North Carolina R. R. Co., 133
U. S., 233 Hans v. Louisiana, 134 U. S., 1; North Carolina v. Temple,
134 U. S., 22; New York Guaranty Co. v. Steele, 134 U. S., 230; Virginia
Coupon Cases, 135 U. S., 662; Pennoyer v. McConnaughy, 140 U. S.,
1; United States v. Texas, 143 U. S., 621; In re Tyler, 149 U. S., 164;
Reagan v. Farmers7 Loan & Trust Co., 154 U. S., 362; Scott v. Donald,
165 U. S. 58; Scott v. Donald, 165 U. S., 107; Tindal v. Wesley, 167
U. S., 204; Smyth v. Ames, 169 U. S., 466; Fitts v. McGhee, 172 U. S.,
516; Louisiana v. Texas, 176 U. S., 1; Smith v. Reeves, 178 U. S., 436;
Scranton v. Wheeler, 179 U. S., 141; Illinois Central Railroad Co. v.
Adams, 180 U. S., 28; Prout v. Starr, 188 U. S., 537; South Dakota v.
North Carolina, 192 U. S., 286; Chandler v. Dix, 194 U. S., 590; Jacob-
son v. Massachusetts, 197 U. S. 11; Graham v. Folsom, 200 U. S., 248;
Gunther v. Atlantic Coast Line, 200 U. S., 273; McNeill v. Southern
Railway Co., 202 U. S., 543; Mississippi R. R. Commission v. Illinois
Central R. R., 203 U. S., 335; Scully v. Bird, 209 U. S., 481; Ex parte
Young, 209 U. S., 123; Marray v. Wilson Distilling Co., 213 U. S., 151;
Ludwig v. Western Union Telegraph Co., 216 U. S,, 146; Western
Union Telegraph Co. v. Andrews, 216 U, S., 165; Hopkins v, Clemson
Agricultural College, 221 U. S., 636; Lankford v. Platte Iron Works
Co., 235 U. S., 461; Farish v. Oklahoma State Banking Board, 235
CONSTITUTION OF THE UNITED STATES
U. S., 498; Tanner v. Little, 240 U. S,, 369; Harrison v. St. Louis, etc.,
R. Co., 232 U. S., 318; Greene v. Louisville, etc., II. Co., 244 U. S., 499,'
522.
AMENDMENT XII."
The Electors shall meet in their respective states,
§262. Mating of and vote ^7 ballot for President and
the electors and Vice-President, one of whom, at least,
transmission and . '
count of their shall not be an inhabitant of the same
votes* state with themselves; they shall name
in their ballots the person voted for as President, and
in distinct ballots the person voted for as Vice-Presi-
dent, and they shall make distinct lists of all persons
voted for as President, and of all persons voted for as
Vice-President, and the number of votes for each,
which lists they shall sign and certify, and trans-
mit sealed to the seat of the government of the
United States, directed to the President of the Sen-
ate;— The President of the Senate shall, in presence
of the Senate and House of Representatives, open
all the certificates and the votes shall then be
counted; — * * *
The electoral count occurs in the Hall of the House (III, 1018) at
1 p. m. on the sixth day of January succeeding every meeting of elec-
tors (3 U, S. C. 15), but for the 1957 count the date was changed to
Monday, January 7 (P. L. 436, 84th Cong.)- While a law prescribes
in detail the procedure at the count, the two Houses by concurrent
0 The twelfth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Eighth
Congress on the 12th of December, 1803, in lieu of the original third
paragraph of the first section of the second article, and was declared in
a proclamation of the Secretary of State, dated the 25th of September,
1804, to have been ratified by the legislatures of three-fourths of the
States.
[92]
CONSTITUTION* OF THfe UNITED STATES
§263.
resolution provide for the meeting to count the vote, for the appoint-
ment of tellers, and for the declaration of the state of the vote (III,
1961). The Vice President-elect, as Speaker of the House, participated
in the ceremonies (VI, 446) .
* * * The person having the greatest number
§ 263. Elections of of votes for President, shall be the
President, if such number be a major-
ii}y of the whole number of Electors ap-
pointed; and if no person have such
majority, then from the persons having the highest
numbers not exceeding three on the list of those voted
for as President, the House of Representatives shall
choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken
by states, the representation from each state having
one vote; a quorum for this purpose shall consist of
a member or members from two-thirds of the states,
and a majority of all the states shall be necessary to
a choice. And if the House of Representatives shall
not choose a President whenever the right of choice
shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall
act as President, as in the case of the death or other
constitutional disability of the President. The per-
son having the greatest number of votes as Vice-
President, shall be the Vice-President, if such number
be a majority of the whole number of Electors ap-
pointed, and if no person have a majority, then from
the two highest numbers on the list, the Senate shall
choose the Vice-President; a quorum for the purpose
CONSTITUTION OF THE UNITKD STATES
§264.
shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall
be necessary to a choice. But no person constitu-
tionally ineligible to the office of President shall be
eligible to that of Vice-President of the United States,
The twentieth amendment to the Constitution has clarified some of
the provisions of the twelfth amendment.
The House of Representatives, in 1803 (III, 1083), chose a President
under the following constitutional provision, which was superseded in
1803 by the twelfth amendment:
"The electors shall meet, in their respective States, and vote by ballot
264 First rovi- ^or ^wo ^ersous» °f whom one at least shall not be an
sion for election in Inhabitant of the same Stal i* with themselves. And
case of failure of they shall make a last of all the Persons voted for,
electoral college anci Of tilc Number of Votes for each ; which List they
to choose. zb&ll sign and certify, and transmit sealed to the Seat
of the Government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the Presence of the Sen-
ate and House of Representatives, open all the Certificates, and the
Votes shall then be counted. The Person having the greatest Number
of Votes shall be the President, if such Number be a Majority of the
whole Number of Electors appointed; and if there be more than one
who have such Majority, and have an equal Number of Votes, then
the House of Representatives shall immediately elm so by Ballot one
of them for President; and if no Person have a majority, then from the
five highest on the List the said House shall in like Manner chtise the
President. But in ehusing the President, the Votes shall be taken by
States, the Representation from each State having one Vote; A quorum
for this Purpose shall consist of a Member or Members from two-thirds
of the States, and a majority of all the States shall be necessary to a
choice. In every Case, after the Choice of the President, the Person
having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more who have equal
Votes, the Senate shall ehuse from them by ballot the Vice-President."
[94]
CONSTITUTION OF THE UNITED STATES
§§ 265^267.
In 1825 the House elected a President under the twelfth amendment
(III, 1985) ; and in 1837 the Senate elected a Vice-President (III, 1941).
§ 266. Decisions of Decisions of the Supreme Court of the United States :
the court. in re Green, 134 U. S., 377; Ray ». Blair? 343 U. S., 214.
AMENDMENT XIIL*
SECTION 1. Neither slavery nor involuntary servi-
§ 266. prohibition tude, except as a punishment for crime
?nvoiTtLTd whereof the party shaU have been
servitude. d^y convicted, shall exist within the
United States, or anyplace subject to their jurisdiction.
SECTION 2. Congress shall have power to enforce
this article by appropriate legislation.
Decisions of the Supreme Court of the United States:
TV*.- • Dred Scott v- Sanford, 19 How., 393; White «„
of tL ewrtT118 Hart> 13 WalL» 646J Osborn v. Nicholson, 18 Wall.,
654, Slaughter-house Cases, 16 Wall., 36; Ex parte
Virginia, 100 U. S., 339; Civil Eights Case, 109 U. S., 3; Plessy v. Fer-
guson, 163 U. S,, 537; Robertson v. Baldwin, 165 U. S., 275; Clyatt v.
United States, 197 U. S., 207; Hodges v. U. S., 203 U. S., 1; Bailey v.
Alabama, 211 U. S., 452; U. S. v. Reynolds, 235 U. S., 133; Butler v.
Perry, 240 U. S., 328; Selective Draft Law Cases, 245 U. S., 366.
0 The thirteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Thirty-
eighth Congress, on the 1st of February, 1865, and was declared, in a
proclamation of the Secretary of State, dated the 18th of December
1865, to have been ratified by the legislatures of twenty-seven of the
thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland,
New York, West Virginia, Maine, Kansas, Massachusetts, Pennsyl-
vania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minne-
sota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New
Hampshire, South Carolina, Alabama, North Carolina, and Georgia.
CONSTITUTION OF THE UNITED STATES
AMENDMENT XIV.*
SECTION 1. All persons born or naturalized in the
§268. citizenship; United States, and subject to the juris-
^"rotection diction thereof, are citizens of the
of citizens. United States and of the State wherein
they reside.1 No State shall make or enforce any
law which shall abridge the privileges or immunities
of citizens of the United States; 2 nor shall any State
deprive any person of life, liberty, or property,
fl The fourteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Thirty-ninth
Congress, on the 16th of June, 1 866. On the 21st of July, 1 868, Congress
adopted and transmitted to the Department of State a concurrent reso-
lution declaring that <;the legislatures of the States of Connecticut,
Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois,
West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota,
New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida,
North Carolina, Alabama, South Carolina, and Louisiana, being three-
fourths and more of the several States of the Union, have ratified the
fourteenth a,rticle of amendment to the Constitution of the United
States, duly proposed by two-thirds of each House of the Thirty-ninth
Congress: Therefore Resolved, That said fourteenth article is hereby
declared to be a part of the Constitution of the United States, and it
shall be duly promulgated as such by the Secretary of State. " The Sec-
retary of State accordingly issued a proclamation, dated the 28th of
July, 1868, declaring that the proposed fourteenth amendment had been
ratified, in the manner hereafter mentioned, by the legislatures of thirty-
six States, viz: Connecticut, June 30, 1866; New Hampshire, July 7,
1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (and
the legislature of the same State passed a resolution in April, 1868, to
withdraw its consent to it); Oregon, September 19, 1866; Vermont,
November 9, 1866; Georgia rejected it November 13, 1866, and ratified
it July 21, 1868; North Carolina rejected it December 4, 1866, and rati-
fied it July 4, 1868; South Carolina rejected it December 20, 1866, and
ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio
ratified it January 11, 1867 (and the legislature of the same State passed
[96]
CONSTITUTION" OP THE UNITED STATES
§269.
without due process of law; 3 nor deny to any per-
son within its jurisdiction the equal protection of
the laws.4
Decisions of the Supreme Court of the United States:
i U. S. v. Nice, 241 U. S., 591; 3 Detroit, ete., R.
Co- v' Michigan R. Commission, 240 U. S., 564;
3~4 New York Cent. R. Co. v. White, 243 U. S., 188;
3 Saunders v. Shaw, 244 U. S., 317; 3 De La Rama v. De La Rama, 241
U. S., 154; 3 Holmes v. Conway, 241 U. S. 624; 3 Chaloner v. Sherman,
242 U. S., 455; 3 Chicago L. Ins. Co. v. Cherry, 244 U. S., 25; 3 Penn. F.
Ins. Co. v. Gold Issue Min., etc., Co., 243 U. S., 92; 3 Kryger v. Wilson,
242 U. S., 171; 3 Enterprise Irrigation Dist. v. Farmer's Mut. Canal Co.,
243 U. S., 157; 3 O'Neil v. Northern Colorado Irrigation Co., 242 U. S.,
20; 3~4 McFarland v. American Sugar Refining Co., 241 U. S., 79;
3 Bunting v. Oregon, 243 U. S., 426; 3 Bowerspck v. Smith, 243, U. S.,
29; 3 Adams v. Tanner, 244 U. S., 590; 3 Sutton v. New Jersey, 244 U. S.,
258; 3~4 Chicago, etc., R. Co. v. Anderson, 242 U. S., 283; 3 St. Louis,
etc., R. Co. v. Arkansas, 240 U. S., 518; * Miss. R. Com. v. Mobile,
etc., R. Co., 244 U. S., 388; 3 Chesapeake, etc., R. Co. v. Public
Service Com., 242 U. S., 603; 3~4 Lake Shore, etc., R. Co. v. Clough,
242 U. S., 375; 3 Van Dyke v. Geary, 244 U. S., 39; 3 Pac. Live Stock
Co. v. Lewis, 241 U. S., 440; 3 Farmers Irrigation District v. Nebraska,
244 U. S., 325; 3~4 Hutchinson Ice Cream Co. v. Iowa, 242 U. S., 153;
3 Rast v. Van Deman, etc., Co., 240 U. S., 342; 3 Armour v. North
a resolution in January, 1868, to withdraw its consent to it) ; Illinois
ratified it January 15, 1867; West Virginia, January 16, 1867; Kansas,
January 18, 1867; Maine, January 19, 1867; Nevada, January 22,
1867; Missouri, January 26, 1867; Indiana, January 29, 1867; Min-
nesota, February 1, 1867; Rhode Island, February 7, 1867; Wisconsin,
February 13, 1867; Pennsylvania, February 13, 1867; Michigan, Feb-
ruary 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15,
1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9,
1868; Louisiana, July 9, 1868; and Alabama, July 13, 1868; Georgia
again ratified the amendment February 2, 1870. Texas rejected it
November 1, 1866, and ratified February 18, 1870. Maryland rejected
it March 23, 1867, and ratified April 28, 1950. Virginia rejected
it January 19, 1867, and ratified October 8, 1869. The amendment
was rejected by Kentucky January 10, 1867; by Delaware February
8, 1867, and was not afterwards ratified by either State.
[97]
CONSTITUTION OF THE UNITED STATES
§269.
Dakota, 240 U. S., 510; 3 Brazee v. Michigan, 241 U. S.f 340; 8
v. Atlanta, 242 U. S., 53; 3 Buchanan w. Worlcy, 245 U. S., 60; *-< Mei-
rick v. Halsey, 242 U. S,, 568; * Butler v. Perry, 240 U. S., 328; » Pen^
nington v. Ohio Fourth Nat. Bank, 243 U. S., 209; 3 Thomas Cusako
Co. v. Chicago, 242 U. S., 526; 3 Rogers v. Hennepin County, 240
U. S., 184; 3 Kansas City, etc., R. Co. v. Stiles, 242 U. S,, 111; sgt>
Louis Southwestern R. Co. v. Arkansas, 240 U. S., 518; 3 Bullen D,
Wisconsin, 240 U. S., 625; 8 Gast Realty, etc., Co. v. Schneider Granite
Co., 240 U. S., 55; 3 St. Louis Land Co. v. Kansas City, 241 U. S.,
419; 4 Farmers Irrigation Dist. v. O'Shea, 244 U. S., 325; < Crane «.
Johnson, 242 U. S., 339; 4 Kane v. New Jersey, 242 U. S., 160; 3 Looney
v. Crane Co., 245 U. S., 178; Selective Draft Law Cases, 245 U. S.,
366; 8 Wear v. Kansas, 245 U. S., 154; 3 Penn. R. R. v. Towers, 245
U. S., 345; 3 Crane v. Campbell, 245 U. S., 304; * Seaboard Air Line v,
North Carolina, 245 U. S., 298; * Johnson t>. Lankford, 245 U. S., 541;.
* Martin v. Same, 245 U. S., 547; 4 Fidelity and Columbia Trust Co
v. Louisville, 245 U. S., 54; 8 Eiger v. Garrity, 246 U. S., 97; 2 Armour
& Co. v. Virginia, 246 U. S., 1; l Chicago, R. I. & Pac. Ry. v. Cole, 251
U. S., 54; *-* Ft. Smith Lumber Co. v. Arkansas, 251 U. S., 532; *-» Dim-
bar o. City of New York, 251 U. S., 516; * Bragg v. Weaver, 251 U. S.,
57; 2~3 Oklahoma Ry. v. Severns Pav. Co., 251 U. S., 104; 2~3 St. L.,
I. Mt. & So. Ry. v. Williams, 251 U. S., 63; 3 Hays v. Port of Seattle,
251 U. S., 233; 3~4 Branson v. Bush, 251 U. S., 182; 3 Brooks-Scanlon
Co. v. Railroad Comm., 251 U. S., 396; 3 Pioducers Transp. Co. v. Rail-
road Comm., 251 U. S., 338; 3~* Pacific Gas Co. v. Police Court, 251
U. S., 22; 3 Sullivan v. Shreveport, 251 U. S., 169; 3 Los Angeles v. Los
Angeles Gas Corp., 251 U. S., 32; 3 Hardin-Wyandot Co. v. Upper San-
dusky, 251 U. S., 173; 3 Frick v. Pennsylvania, 268 U. S., 475; 3 Lee «.
Osceola Imp. Dist., 268 U. S., 643; 3 Gitlow v. New York, 268 U. S.,
652; 3Hebert v. United States, 272 U. S., 312; 3 Tyson & Brother v,
Banton, 273 U. S., 418; 8 Tumey v. Ohio, 273 U. S., 510; Nixon v.
Herndon, 273 U. S., 536; 3 Wuchter v. Pizzutti, 276 U. S., 13; 3~4 Ware-
house Co. v. Tobacco Growers, 276 U. S., 71; 3 Manley v. Georgia, 279
U. S., 1; 3 Dohany v. Rogers, 281 U. S., 362; 3 Brinkerhoff-Faris Co. v.
Hill, 281 U. S., 673; 2 Nixon v. Condon, 286 U. S., 73; 8 Home Bldg,
& Loan Assn. v. Blaisdell, 290 U. S., 398; Grovey v. Townsend, 295
U. S., 45; Colgate v. Harvey, 296 U. S., 404; * Grosjean v. American
Press Co., 297 U. S., 233; 2 Edwards w. California, 314 U. S., 160;
8 Adamson v. U. S., 332 U. S., 46; 3 Sweezy v. N. H., 354 U. S., 234;
4 Brown v. Board of Education, 347 U. S., 483 and 349 U. S., 294;
Cooper v. Aaron, 358 U. S., 1.
[98]
CONSTITUTION OF THE UNITED STATES
§§ 270, 271.
SECTION 2. Representatives shall be apportioned
§270 Appor- among the several States according to
tionmentof their respective numbers, counting the
representation. whoie number of persons in each State,
excluding Indians not taxed. But when the right to
vote at any election for the choice of electors for Presi-
dent and Vice President of the United States, Repre-
sentatives in Congress, the Executive and Judicial
officers of a State, or the members of the Legislature
thereof, is denied to any of the male inhabitants of
such State, being twenty-one years of age, and citizens
of the United States, or in any way abridged, except
for participation in rebellion, or other crimes, the
basis of representation therein shall be reduced in the
proportion which the number of such male citizens
shall bear to the whole number of male citizens
twenty-one years of age in such State.
There has been a readjustment of House representation each ten
§271. Law years except during the period 1911 to 1929 (VI, 41;
governing the footnote). From March 4, 1913, permanent House
establishment of membership has remained fixed at 435 (VI, 40, 41;
districts. 37 Stat. 13). Upon admission of Alaska and Hawaii
to statehood, total membership was temporarily increased to 437 until
the next reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress
has by law provided for automatic apportionment of the 435 Repre-
sentatives among the States according to each census including and
after that of 1950 (55 Stat. 761). The Apportionment Act formerly
provided that the districts in a State should equal the number of its
Representatives with no district electing more than one Representa-
tive, and that the districts were to be composed of contiguous and
compact territory containing as nearly as practicable an equal number
of inhabitants (I, 303; VI, 44); but subsequent apportionment Acts,
those of 1929 (46 Stat. 26) and of 1941 (55 Stat. 761), omitted such
provisions* After any apportionment, until a State is redistricted in
a manner provided by its own law, the question of whether its Repre-
sentatives shall be elected by districts, at large, or by a combination
of both, is determined by the Apportionment Act of 1941 (2 U. S. C.
2a). The House has always seated Members elected at large in the
States, although the law required election by districts (I, 310, 519).
[99]
CONSTITUTION OF THE UNITED STATES
§274.
curred in aid of insurrection or rebellion against the
United States, or any claim for the loss or emancipa-
tion of any slave; but all such debts; obligations and
claims shall be held illegal and void.
Perry v. U. S., 294 U. S., 330.
SECTION 5. The Congress shall have power to en-
force, by appropriate legislation, the provisions of
this article.
AMENDMENT XV.a
SECTION 1, The right of citizens of the United
States to vote shall not be denied or
§ 274. Suffrage not
to be abridged for abridged by the United States or by
race, color, etc. r\ i i i t» i
any btate on account of race, color, or
previous condition of servitude.
a The fifteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Fortieth
Congress on the 27th of February, 1869, and was declared, in a procla-
mation of the Secretary of State, dated March 30, 1870, to have been
ratified by the legislatures of twenty-nine of the thirty-seven States.
The dates of these ratifications (arranged in the order of their reception
at the Department of State) were: From North Carolina, March 5,
1869; West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869;
Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisiana, March 5,
1869; Michigan, March 8, 1869; South Carolina, March 16, 1869;
Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Connecticut,
May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana,
May 13-14, 1869; New York, March 17- April 14, 1869 (and the legis-
lature of the same State passed a resolution January 5, 1870, to with-
draw its consent to it) ; New Hampshire, July 7, 1869; Nevada, March
1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri,
January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27,
1870; Iowa, February 3, 1870; Kansas, January 18-19, 1870; Minnesota,
February 19, 1870; Rhode Island, January 18, 1870; Nebraska, Feb-
ruary 17, 1870; Texas, February 18, 1870. The State of Georgia also
ratified the amendment February 2, 1870.
62581°— H. Doc. 459, S6-2 8 [101]
CONSTITUTION OF THE tWlTED STATES
§276.
259 U. S., 247; Evans v. Gore, 253 U. S., 245; Taft v. Bowers, 278
U. S., 470.
AMENDMENT XVIL"
(See Article I, Section 3.)
The Senate of the United States shall be composed
. . m . of two Senators from each State, elected
§ 276. Election ;
of senators by by the people thereof, for six years; and
each Senator shall have one vote. The
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of
the State legislatures,
When vacancies happen in the representation of
any State in the Senate, the executive authority
of such State shall issue writs of election to fill such
vacancies: Provided, That the legislature of any
State may empower the executive thereof to make
temporary appointments until the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to
affect the election or term of any Senator chosen
before it becomes valid as part of the Constitution.
6 The seventeenth, amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Sixty-second Congress in 1912, and was declared, in a proclamation
by the Secretary of State dated May 31, 1913, to have been ratified
by the legislatures of the following States: Massachusetts, Arizona,
Minnesota, New York, Kansas, Oregon, North Carolina, California,
Michigan, Idaho, West Virginia, Nebraska, Iowa, Montana, Texas,
Washington, Wyoming, Colorado, Illinois, North Dakota, Nevada,
Vermont, Maine, New Hampshire, Oklahoma, Ohio, South Dakota,
Indiana, Missouri, New Mexico, New Jersey, Tennessee, Arkansas,
Connecticut, Pennsylvania, and Wisconsin.
[103]
CONSTITUTION OF THE UNITED STATES
§277.
Senator Rebecca L. Felton was appointed during the recess of the
Senate on October 3, 1922, to fill a vacancy, the first woman to sit in
the Senate (VI, 156). Senator Walter F. George was elected to fill
the vacancy on November 7, 1922. Mrs. Felton took the oath of
office on November 21, 1922, and Senator George took the oath on
November 22, 1922 (VI, 156). Discussion us to the term of service of
a Senator appointed by a State executive to fill a vacancy (VI, 156).
Decision of the court:
U. S. v. Aczel (1915), 219 Fed., 917; 232 Fed., 652.
AMENDMENT XVIII.0
[See Amendment XXI Which Repealed This Amendment]
SECTION 1. [After one year from the ratification of
« ™ o- ^»- "this article the manufacture, sale or
§ 277. Prohibition . J
transportation of intoxicating liquors
within, the importation thereof into, or
the exportation thereof from the United States and
a The eighteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Sixty-fifth Congress on the 17th of December, 1917, and was declared
in a proclamation by the Secretary of State dated January 29, 1919,
to have been ratified by the legislatures of thirty-six of the forty-eight
States. The dates of these ratifications were: From Mississippi,
January 8, 1918; Virginia, January 10, 1918; Kentucky, January 14,
1918; South Carolina, January 23, 1918; North Dakota, January 25,
1918; Maryland, February 13, 1918; Montana, February 19, 1918;
Texas, March 4, 1918; Delaware, March 18, 1918; South Dakota,
March 20, 1918; Massachusetts, April 2, 1918; Arizona, May 22, 1918;
Georgia, July 22, 1918; Louisiana, August 3, 1918; Florida, December
14, 1918; Michigan, January 2, 1919; Oklahoma, January 7, 1919;
Ohio, January 7, 1919; Tennessee, January 8, 1919; Idaho, January 8,
1919; Maine, January 8, 1919; West Virginia, January 9, 1919;
Washington, January 13, 1919; California, January 13, 1919; Arkansas,
January 14, 1919; Illinois, January 14, 1919; Indiana, January 14,
1919; Kansas, January 14, 1919; North Carolina, January 14, 1919;
[104]
CONSTITUTION OF THE UNITED STATES
§277,
all territories subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
SECTION 2. The Congress and the several States
shall have concurrent power to enforce this article
by appropriate legislation.
SECTION 3. This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by the legislatures of the several States,
as provided in the Constitution, within seven years
from the date of the submission hereof to the States
by the Congress.]
Decisions of the courts :
National Prohibition Cases, 253 U. S., 350; Ex parte Dillon, 262
Fed., 563; U. S. v. Colby, 265 Fed., 998; Ruppert v. Caffey, 251 U. S.,
264; U. S. v. Standard Brewery, 251 U. S., 210; Amos v. U. S., 255
U. S., 313; Street v. Lincoln Safe Dep. Co., 254 U. S., 88; Cornell v.
Moore, 257 U. S., 491; Hawes v. Georgia, 258 U. S., 1; Vigliotti v.
Pennsylvania, 258 U. S., 403; Grogan v. Walker & Sons, 259 U. S., 80;
Lipke v. Lederer, 259 U. S., 557; Regal Drug Co. v. Wardell, 260 U. S.,
386; U. S. v. Lanza, 260 U. S., 377; Dillon v. Gloss, 256 U. S., 368;
Williams v. U. S., 255 U. S. 336; Hawke v. Smith, 253 U. S., 221; Ex
parte Grossman, 267 U. S., 88; Hebert v. United States, 272 U. S., 312.
Alabama, January 14, 1919; Iowa, January 15, 1919; Colorado, Janu-
ary 15, 1919; Oregon, January 15, 1919; New Hampshire, January 15,
1919; Utah, January 15, 1919; Nebraska, January 16, 1919. The
amendment was subsequently ratified by the following States: Missouri,
January 16, 1919; Wyoming, January 16, 1919; Minnesota, January 17,
1919; Wisconsin, January 17, 1919; New Mexico, January 21, 1919;
Nevada, January 21, 1919; Vermont, January 29, 1919; New York,
January 29, 1919; Pennsylvania, February 25, 1919; and New Jersey,
1922.
[105]
CONSTITUTION OF THE UNITED STATES
§278.
AMENDMENT XIX,0
The right of citizens of the United States to vote
§ 278. woman shall not be denied or abridged by the
suffuse. United States or by any State on
account of sex.
Congress shall have power to enforce this article
by appropriate legislation.
Decisions of the Supreme Court of the United States:
Leser v. Garnett, 258 U. S., 130; Fairchild v. Hughes, 258 U. S., 126;
Hawke t;. Smith, 253 U. S., 231.
a The nineteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Sixty-
sixth Congress on the 5th of June, 1919, and was declared in a proc-
lamation by the Secretary of State dated August 26, 1920, to have
been ratified by the legislatures of thirty-six of the forty-eight States.
The dates of these ratifications were: Wisconsin, June 11, 1919; Illinois,
June 10, 1919; Michigan, June 10, 1919; Ohio, June 16, 1919; Massa-
chusetts, June 25, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919;
Nebraska, August 2, 1919; Montana, August 2, 1919; Minnesota,
September 8, 1919; New Hampshire, September 10, 1919; Utah,
October 2, 1919; California, November 1, 1919; Maine, Novembers,
1919; Pennsylvania, June 27, 1919; Kansas, June 16, 1919; Arkansas,
July 28, 1919; Texas, June 28, 1919; New York, June 16, 1919; South
Dakota, December 4, 1919; North Dakota, December 5, 1919; Colo-
rado, December 15, 1919; Rhode Island, January 6, 1920; Indiana,
January 16, 1920; Kentucky, January 19, 1920; Oregon, January 13,
1920; Wyoming, January 27, 1920; Nevada, February 7, 1920; Arizona,
February 12, 1920; New Jersey, February 17, 1920; Oklahoma, Feb-
ruary 28, 1920; West Virginia, March 13, 1920; New Mexico, February
21, 1920; Idaho, February 11, 1920; Washington, March 22, 1920;
Tennessee, August 24, 1920; Connecticut, September 14, 1920; Ver-
mont, February 8, 1921. The amendment was rejected by Georgia,
July 24, 1919; by Alabama, September 22, 1919; by South Carolina,
January 29, 1920; by Virginia, February 12, 1920; by Maryland,
February 24, 1920, and subsequently ratified, April 9, 1941; by Missis-
sippi, March 29, 1920; by Louisiana, July 1, 1920,
[106]
CONSTITUTION OF THE UNITED STATES
§279.
AMENDMENT XX.°
SECTION 1. The terms of the President and Vice
§ 279. commencement President shall end at noon on the 20th
vi^e^sZLrs day of January, and the terms of
and Representatives Senators and Representatives at noon
on the 3d day of January, of the years in which such
terms would have ended if this article had not been
ratified; and the terms of their successors shall then
begin.
The ratification of this amendment to the Constitution shortened
0 The twentieth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Seventy-second Congress, on March 3, 1932, and was declared in a
proclamation by the Secretary of State dated February 6, 1933, to have
been ratified by the legislatures of thirty-six of the forty-eight States.
The dates of these ratifications were: Virginia, March 4, 1932; New
York, March 11, 1932; Mississippi, March 16, 1932; Arkansas, March
17, 1932; Kentucky, March 17, 1932; New Jersey, March 21, 1932;
South Carolina, March 25, 1932; Michigan, March 31, 1932; Maine,
April 1, 1932; Rhode Island, April 14, 1932; Illinois, April 21, 1932;
Louisiana, June 22, 1932; West Virginia, July 30, 1932; Pennsylvania,
August 11, 1932; Indiana, August 15, 1932; Texas, September 7, 1932;
Alabama, September 13, 1932; California, January 4, 1933; North
Carolina, January 5, 1933; North Dakota. January 9, 1933; Minnesota,
January 12, 1933; Montana, January 13, 1933; Nebraska, January 13,
1933; Oklahoma, January 13, 1933; Arizona, January 13, 1933; Kansas,
January 16, 1933; Oregon, January 16, 1933; Wyoming, January 19,
1933; Delaware, January 19, 1933; Washington, January 19, 1933;
South Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa,
January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21,
1933; Ohio, January 23, 1933; Utah, January 23, 1933; Missouri,
January 23, 1933; Georgia, January 23, 1933; Massachusetts, January
24, 1933; Wisconsin, January 24, 1933; Colorado, Janstury 24, 1933;
Nevada, January 26, 1933; Connecticut, January 27, 1933; New
Hampshire, January 31, 1933; Vermont, February 2, 1933; Maryland,
March 24, 1933; Florida, April 26, 1933.
[107]
CONSTITUTION OP THE UNITED STATES
§279.
the first term of President Franklin D. Roosevelt and Vice President
John N. Garner, and all Senators and Representatives of the Seventy,
third Congress.
SECTION 2. The Congress shall assemble at least
Meeting of once in every year, and such meeting
confess. shall begin at noon on the 3d day pf
January, unless they shall by law appoint a different
day.
Prior to the ratification of the twentieth amendment Congress met
on the first Monday in December as provided in Article I, section 4,
of the Constitution.
The first session of the Seventy-fifth Congress mot. at noon on Tues-
day, January 5, 1937, instead of Sunday, January !•>, 1937, pursuant to
the provisions of Pub. Res. 120 approved Juno 22, 1036 (49 Stat. 1826).
See also Pub. Laws 395 and 819, 77th Cong. ; Pub. Law 210, 78th Cong.;
Pub. Law 289, 79th Cong,; Pub. Law 358, 80th Cong.; Pub. Law 244,
82d Cong., Pub. Law 199, 83d Cong.; Pub. Law 700, 83d Cong.; Pub.
Law 85-290; Pub. Law 85-819; and Pub. Law 86-305.
SECTION 3. If, at the time fixed for the beginning
Death or °^ *ke term °^ the President, the Presi-
disquamcationof dent elect shall have died, the Vice
Presidentelect. president elect shall become President.
If a President shall not have been chosen before the
time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the
Vice President elect shall act as President until a
President shall have qualified ; and the Congress may
by law provide for the case wherein neither a Presi-
dent elect nor a Vice President elect shall have quali-
fied, declaring who shall then act as President, or the
manner in which one who is to act shall be selected,
and such person shall act accordingly until a Presi-
dent or Vice President shall have qualified.
Congress has provided by law for the performance of the duties of
the President in case of removal, death, resignation or inability, both
of the President and Vice President (3 U. S. C. 19).
[108]
CONSTITUTION OF THE "UNITED STATES
§§ 279, 280.
Prior to the twentieth amendment to the Constitution there was
no provision in the Constitution to take care of a case wherein the
President elect was disqualified or had died.
SECTION 4. The Congress may by law provide for
congress to provide the case of the death of any of the
persons from whom the House of Repre-
sentatives may choose a President
president. whenever the right of choice shall have
devolved upon them, and for the case of the death of
any of the persons from whom the Senate may choose
a Vice President whenever the right of choice shall
have devolved upon them.
The above section changes the twelfth amendment insofar as it gives
Congress the power to provide by law the manner in which the House
should proceed in the event no candidate had a majority and one of the
three highest on the list of those voted for as President had died.
SECTION 5. Sections 1 and 2 shall take effect on
the 15th day of October following the ratification of
this article.
SECTION 6. This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of
the several States within seven years from the date
of its submission.
AMENDMENT XXI.0
SECTION 1. The eighteenth article of amendment
§280. Repeal of to the Constitution of the United
prohibition. States is hereby repealed.
a The twenty-first amendment to the Constitution of the United
States was proposed to conventions of the several States by the Seventy-
second Congress on the 20th of February, 1933, and was declared in a
[109]
CONSTITUTION OF THE UNITED STATES
§280.
SECTION 2. The transportation or importation into
Transportation into s^y State, Territory, or possession of
statea prohibited. ^ United States for delivery or use
therein of intoxicating liquors, in violation of the
laws thereof, is hereby prohibited.
SECTION 3. This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by conventions in the several States, as
provided in the Constitution, within seven years
from the date of the submission hereof to the States
by the Congress,
proclamation by the Acting Secretary of State dated December 5,
1933, to nave been ratified by conventions in thirty-six of the forty-
eight States. The dates of these ratifications were: Michigan, April
10, 1933; Wisconsin, April 25, 1933; Rhode Island, May 8, 1933;
Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware, June 24,
1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New
York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933;
Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August
11, 1933; Missouri, August 29, 1933; Arizona, September 5, 1933;
Nevada, September 5, 1933; Vermont, September 26, 1933; Colorado,
September 26, 1933; Washington, October 3, 1933; Minnesota, October
10, 1933; Idaho, October 17, 1933; Maryland, October 18, 1933;
Virginia, October 25, 1933; New Mexico, November 2, 1933; Florida,
November 14, 1933; Texas, November 24, 1933; Kentucky, November
27, 1933; Ohio, December 5, 1933; Pennsylvania, December 5, 1933;
Utah, December 5, 1933, The amendment was subsequently ratified
by Maine on December 6, 1933. The convention held in the State of
South Carolina on December 4, 1933, rejected the twenty-first amend-
ment.
[110]
CH>NSHTTTTION OF THE UNITED STATES
§281.
AMENDMENT XXIL*
SECTION 1. No person shall be elected to the office
§281. NO person of the President more than twice, and
FMritort^m no Pers°ft wh° has held the office of
than twice. President, or acted as President, for
more than two years of a term to which some other
person was elected President shall be elected to the
office of the President more than once. But this
Article shall not apply to any person holding the
office of President when this Article was proposed
by the Congress, and shall not prevent any person
who may be holding the office of President, or acting
as President, during the term within which this
Article becomes operative, from holding the office of
President or acting as President during the remainder
of such term.
SECTION 2. This article shall be inoperative un-
less it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of
the several States within seven years from the date of
its submission to the States by the Congress.
0 The twenty-second amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Eightieth Congress on March 24, 1947, and was declared by the
Administrator of General Services, in a proclamation dated March 1,
1951, to have been ratified by the legislatures of thirty-six of the forty-
eight States. The dates of these ratifications were: Maine, March 31,
1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1,
1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois,
April 3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; Cali-
fornia, April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15,
[1111
CONSTITUTION OF THJB UNITKD STATES
§281.
30, 1951; New Mexico, February 12, 1051; Wyoming, February 12
1951; Arkansas, February 15, 1951; Georgia, February 17, iggj!
Tennessee, February 20, 1951; Texas, February 22, 1951- Nevada'
February 26, 1951; Utah, February 20, 1951; Minnesota, February 27
1951. The amendment was subsequently ratified by North Carolina'
February 28, 1951; South Carolina, March 13, 1051 ; "Maryland March
14, 1951; Florida, April 16, 1951; Alabama, May 4, 11)51.*
£112]
JEFFERSON'S MANUAL
[118]
§§ 283, 284.
JEFFERSQFS MAJDAI OP PARLIAMENTARY PRACTICE,0
SEC. I. — IMPORTANCE OF ADHERING TO RULES.
Mr. Onslow, the ablest among the Speakers of the
§ 283. Rmes as House of Commons, used to say, "It
was a maxim he had often heard when
privileges of
minorities. he was a young man, from old and
experienced Members, that nothing tended more to
throw power into the hands of administration, and
a Jefferson's Manual was prepared by Thomas Jefferson for his own
guidance as President of the Senate in the years of his Vice-Presidency,
from 1797 to 1801. In 1837 the House, by rule wiiich still exists, pro-
vided that the provisions of the Manna,! should "govern the House in
all cases to which they are applicable and in which they are not incon-
sistent With the standing rules and orders df the House." Rule XLII;
§ 93S. In 1880 the committee which revised the rules of the House
declared in their report that the Manual, "compiled as it was for the
use of the Senate exclusively and made up almost wholly of collations
of English parliamentary practice and decisions, it was never especially
valuable as an authority in the House of Representatives, even in its
early history, and for many years past has been rarely quoted in the
House" (V, 6757). This statement, although sanctioned by high
authority, is extreme, for in certain parts of the Manual are to be
found the foundations of some of the most important portions of the
House's practice.
1 284. The ^he Manual is regarded by English parliamen-
Manuaiasa tartans as the best statement of what tiae law of
statement of Parliament was at the time Jefferson wrote it. Jef-
parliamentary law, ferson himgetf s&ys> in tne pjafece of the WOrk:
"I could not doubt the necessity of quoting the sources of my infor-
mation, among which Mr. Hatsel's most valuable book is preeminent;
but as he has only treated some general heads, I have been obliged to
recur to other authorities in support of a number of common rules of
practice, to which his plan did not descend. Sometimes each- authority
[UB
JEFFERSON'S MANUAL
§284.
those who acted with the majority of the House of
Commons, than a neglect of, or departure from, the
rules of proceeding; that these forms, as instituted by
our ancestors, operated as a check and control on the
actions of the majority, and that they were, in many
instances, a shelter and protection to the minority,
against the attempts of power/' So far the maxim
is certainly true, and is founded in good sense, that
as it is always in the power of the majority, by their
numbers, to stop any improper measures proposed
on the part of their opponents, the only weapons by
which the minority can defend themselves against
similar attempts from those in power are the forms
and rules of proceeding which have been adopted as
cited supports the whole passage. Sometimes it rests on all taken
together. Sometimes the authority goes only to a part of the text, the
residue being inferred from known rules and principles. For some of
the most familiar forms no written axithority is or can be quoted, no
writer having supposed it necessary to repeat what all were presumed
to know. The statement of these must rest on ttieir notoriety.
"I am aware that authorities can often be produced in opposition to
the rules which I lay down as parliamentary. An attention to dates
will generally remove their weight. The proceedings of Parliament
in ancient times, and for a long while, were crude, multiform, and
embarrassing. They have been, however, constantly advancing
toward uniformity and accuracy, and have now attained a degree of
aptitude to their object beyond which little is to be desired or expected,
"Yet I am far from the presumption of believing that I may not have
mistaken the parliamentary practice in some cases, and especially in
those minor forms, which, being practiced daily, arc supposed known
to everybody, and therefore have not been committed to writing. Our
resources in this quarter of the globe for obtaining information on that
part of the subject are not perfect. But I have begun a sketch, which
those who come after me will successively correct and fill up, till a
code of rules shall be formed for the use of the Senate, the effects of
[116]
CONSTITUTION OF THE UNITED STATES
§281.
AMENDMENT XXII."
SECTION 1. No person shall be elected to the office
§281. NO person of the President more than twice, and
ptsidentm^ no person who has held the office of
than twice. President, or acted as President, for
more than two years of a term to which some other
person was elected President shall be elected to the
office of the President more than once. But this
Article shall not apply to any person holding the
office of President when this Article was proposed
by the Congress, and shall not prevent any person
who may be holding the office of President, or acting
as President, during the term within which this
Article becomes operative, from holding the office of
President or acting as President during the remainder
of such term.
SECTION 2. This article shall be inoperative un-
less it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of
the several States within seven years from the date of
its submission to the States by the Congress.
0 The twenty-second amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Eightieth Congress on March 24, 1947, and was declared by the
Administrator of General Services, in a proclamation dated March 1,
1951, to have been ratified by the legislatures of thirty-six of the forty-
eight States. The dates of these ratifications were: Maine, March 31,
1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1,
1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois,
April 3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; Cali-
fornia, April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15,
[1111
JEFFERSON'S MANUAL
|287.
or captiousness of the members. It is very material
that order, decency, and regularity be preserved in a
dignified public body. 2 Hats., 149.
SEC. III. PRIVILEGE.
The privileges of members of Parliament, from
small and obscure beginnings, have
$ 287. Privileges . . ' .
of members of been advancing for centuries with a
Parliament. ^^ ^^ never yielding pace. Claims
seem to have been brought forward from time to time,
and repeated, till some example of their admission
enabled them to build law on that example. We can
only, therefore, state the points of progression at
which they now are. It is now acknowledged, 1st,
That they are at all times exempted from question
elsewhere, for anything said in their own House; that
during the time of privilege, 2d. Neither a member
himself, his, order H. of C. 1668, July 16, wife, nor his
servants (f amiliares sui) , for any matter of their crwn,
may be, Elsynge, 217; 1 Hats., 81; 1 Grey's Deb., 188,
arrested on mesne process, in any civil suit: 3d. Nor
be detained under execution, though levied before
time of privilege: 4th. Nor impleaded, cited, or sub-
poenaed in any court: 5th. Nor summoned as a witness
or juror: 6th. Nor may their lands or goods be dis-
trained: 7th. Nor their persons assaulted, or char-
acters traduced. And the period of time covered by
privilege, before and after the session, with the
[118]
§288.
practice of short prorogations under the connivance
of the Crown, amounts in fact to a perpetual protec-
tion against the course of justice. In one instance,
indeed, it has been relaxed by the 10 G. 3, c. 50,
which permits judiciary proceedings to go on against
them. That these privileges must be continually
progressive, seems to result from their rejecting all
definition of them; the doctrine being, that "their
dignity and independence are preserved by keeping
their privileges indefinite; and that 'the maxims
upon which they proceed, together with the method
of proceeding, rest entirely in their own breast, and
are not defined and ascertained by any particular
stated laws/ " 1 Blackst., 168, 164.
It was probably from this view of the encroaching
§ 288. Privilege character of privilege that the framers
^^dlthe of our Constitution, in their care to
constitution. provide that the laws shall bind equally
on all, and especially that those who make them shall
not exempt themselves from their operation, have
only privileged "Senators and Representatives"
themselves from the single act of "arrest in all cases
except treason, felony, and breach of the peace,
during their attendance at the session of their re-
spective Houses, and in going to and returning from
the same, and from being questioned in any other
place for any speech or debate in either House. "
Const. U. S., Art. 7, Sec. 6. Under the general
authority "to make all laws necessary and proper
JEFFERSON'S MANUAL
5289.
for carrying into execution the powers given them,"
Const. U. S., Art II, Sec. 8, they may provide by law
the details which may be necessary for giving M
effect to the enjoyment of this privilege. No such
law being as yet made, it seems to stand at present on
the following ground: 1. The act of arrest is void, ab
initio. 2 Stra., 989. 2. The member arrested may
be discharged on motion, 1 BL, 166; 2 Stra., 990 ;<x
by habeas corpus under the Federal or State author-
ity, as the case may be; or by a writ of privilege out
of the chancery, 2 Stra., 989, in those States which
have adopted that part of the laws of England.
Orders of the House of Commons, 1550, February 20.
3. The arrest being unlawful, is a trespass for which
the officer and others concerned are liable to action
or indictment in the ordinary courts of justice, as in
other cases of unauthorized arrest. 4. The court
before which the process is returnable is bound to act
as in other cases of unauthorized proceeding, and
liable, also, as in other similar cases, to have their
proceedings stayed or corrected by the superior
courts.
The time necessary for going to, and returning
§289. privilege fj:omj Congress, not being defined, it
will, of course, be judged of in every
re urn ng. particular case by those who will have
to decide the case. While privilege was understood
in England to extend, as it does here, only to exemp-
tion from arrest, eundo, morando, et redeundo, the
[120]
JEFFERSON'S MANUAL
§§ 290, 291.
House of Commons themselves decided that "a
convenient time was to be understood." (1580,) 1
Hats., 99, 100. Nor is the law so strict in point of
time as to require the party to set out immediately
on his return, but allows him time to settle his private
affairs, and to prepare for his journey; and does not
even scan his road very nicely, nor forfeit his pro-
tection for a little deviation from that which is most
direct; some necessity perhaps constraining him to it.
£ Stra., 986, 987.
This privilege from arrest, privileges, of course,
$290 private of against all process the disobedience to
Members as related which is punishable by an attachment
to rights of courts to - _ , ,
summon witnesses oi the person; as a subpoena ad re-
and jurors. spondendum, or testificandum, or a
summons on a jury; and with reason, because a
Member has superior duties to perform in another
place. When a Representative is withdrawn from
his seat by summons, the 40,000 people whom he
represents lose their voice in debate and vote, as
they do on his voluntary absence; when a Senator
is withdrawn by summons, his State loses half its
voice in debate and vote, as it does on his voluntary
absence. The enormous disparity of evil admits no
comparison.
The House has decided that the summons of a court to Members to
§ 291. Attitude of attend and testify constituted a breach of privilege,
the House as to and directed them to disregard the mandate (III,
demands of the 2661); but in other cases wherein Members in-
courts' formed the House that they had been summoned be-
fore the District Court of the United States for the District of Columbia
[121]
JKFFERK< )X'K MANUAL
§292
or other courts, the House*
ruary
April ;
April I _ / -....,-. ..,,,..
p. 1399; April 4, 1951, p. ftil>0;' April'*), U»,H, p. ^,-,. ^prii p iqr,
p. 3751, 3752; April 1», 1951, p. ;Wf>; June 4, !95i, p' G084" June 2 '
951, p 7001; September 18, i»5I, ,,. 11571; September 27 Si J
I2 ^ !^^ ^ P- »/M.^!l !*•. .!^ P- ^(^; March' lufe
«• >• 5;'7°: Apri W 9 '
mak"
,r ' wwrarue w
mittmg Members to waive their privilege, prelVrrinK (hat the Memba
m each case should apply for permission (III, 2<HiO). Also in maiZ
nance of its privilege the House has refused to permit the Clerk to
produce in court, in obedience to a summons, an original paper from
the files but gave the court, facilities for nuikinj? copies (III, 2064
Apr. 1 15 1948, p. 4552; April 2!), UMS, p. 5UH, 5Hi2; May 0
'
13 m ({ " ' ' •
13, 1950, p. 1765; September 22, 1050, p. iniilUi; April ti
0; Oetobt>r20'
1954 n 2«>« > I ,- ' « • - e
±;-tt^^^
^ House or a stat ,,«,. (1 1 1, 2C,f);i VI, 587; fi
15, 1948, p. 4552; April 30, 1<).[8, p. 5HH,51(il>; Mav (i 1948 n 5/32
^ H)5(i' p- 1^'- '
d,0pted each ConK"-'«« Provuk-s that/when the House
adj°Umod th;lt Mon.lu.rs, <,ffl«w and employees M
apP°ar in response to subpenas duc.es tecum, but pro-
K iu res')OI1H(!
thttt
tvrerevt h, >
cLr'k of thl^, ' ^ **S °?,Urt muy oblaia C()I)i('s tlu>rpof through the
Who^ Sw w (SC^ L R°S- 389' B('I>t««»»»r ia, i«59, p. 19365).
When either House desires the attendance, of a Member of the other
°f to.Sto evidence it is the practice to ask the House of
° Wi1Ch,he ls a Membor th^ the Member have leave to
T
papers. - But iii one case, at least, the
House to snm™ benat.e(dld »ot consider that its privilege forbade the
the Secretarv oMnh°n| f °fflCCrS US a witllC88 ^ T> J 79« • But whea
the Secretary of the Senate was subpenaed to appear before a commit-
[122]
JEFFERSON'S MANUAL
§§293,294.
tee of the House with certain papers from the files of the Senate, the
Senate discussed the question of privilege before empowering him to
attend (III, 2665).
So far there will probably be no difference of
§293. Power of the opinion as to the privileges of the two
House to punish for Houses of Congress; but in the fol-
contempts. lowing cases it is otherwise. In Decem-
ber, 1795, the House of Representatives committed
two persons of the name of Randall and Whitney
for attempting to corrupt the integrity of certain
Members, which they considered as a contempt and
breach of the privileges of the House; and the facts
being proved, Whitney was detained in confinement
a fortnight and Randall three weeks, and was repri-
manded by the Speaker. In March, 1796, the House
of Representatives voted a challenge given to a
Member of their House to be a breach of the privi-
leges of the House; but satisfactory apologies and
acknowledgments being made, no further proceed-
ing was had. * * *
The cases of Randall and Whitney (II, 1599-1603) were followed in
1818 by the case of John Anderson, a citizen, who for
the tourHn ° attempted bribery of a Member was arrested, tried,
Anderson's case. and censured by the House (II, 1606). Anderson
appealed to the courts and this procedure finally
resulted in a discussion by the Supreme Court of the United States of
the right of the House to punish for contempts, and a decision that the
House by implication has the power to punish, since "public function-
aries must be left at liberty to exercise the powers which the people
have intrusted to them," and "the interests and dignity of those who
created them require the exertion of the powers indispensable to the
attainment of the ends of their creation. Nor is a casual conflict with
the rights of particular individuals any reason to be urged against the
exercise of such powers" (II, 1607; Anderson v. Dunn, 6 Wheaton 204).
In 1828 an assault on the President's secretary in the Capitol gave
rise to a question of privilege which involved a discussion of the in-
herent power of the House to punish for contempt (II, 1615). Again
in 1832, when the House censured Samuel Houston, a citizen, for
[123]
JEFFERSON'S MANUAL
§§295,296.
assault on a Member for words spoken in debate (II, 1616), there
was a discussion by the House of the doctrine of inherent and implied
power as opposed to the other doctrine that the House might exercise
no authority not expressly conferred on it by the Constitution or the
laws of the land (II, 1619). In 1S65 the House arrested and censured
a citizen for attempted intimidation and assault on a member (11,1625)-
in 1866, a citizen who had assaulted the clerk of a committee of the
House in the Capitol was arrested by order of the House, but as there
was not time to punish in the few remaining days of the session, the
Sergeant-at-Arms was directed to turn the prisoner over to the civil
authorities of the District of Columbia (II, 1(529); and in 1870 one
Woods, who had assaulted a Member on his way to the House, was
arrested on warrant of the Speaker, arraigned at the bar, and impris-
oned for a term extending beyond the adjournment of the session
although not beyond the terirTof the existing House (II, 1626-1628)!
In 1876 the arrest and imprisonment by the House of Halle t Kilbournj
a contumacious witness, resulted in a decision by the
Supreme Co^ <>f the United States that the House
had no general power to punish for contempt, as in
a case wherein it was proposing to coerce a witness in
an inquiry not within the constitutional authority of the House. The
Court also discussed the doctrine of inherent power to punish, saying in
conclusion, "We are of opinion that the right of the House of Repre-
sentatives to punish the citizen for a contempt of its authority on a
breach of its privileges can derive no support from the precedents and
practices of the two Houses of the English Parliament, nor from the
adjudged cases in which the English courts have upheld these prac-
tices. Nor, taking what has fallen from the English judges, and
especially the later cases on which we have just commented, is much
aid given to the doctrine, that this power exists as one necessary to
enable either House of Congress to exercise successfully their function
of legislation. This latter proposition is one that we do not propose
to decide in the present case, because we are able to decide it without
passing upon the existence or nonexistcnce of such a power in aid of
the legislative function" (108 U. S., 189; II, 1611). In 1894, in the
case of Chapman, another contumacious witness, the Supreme Court
affirmed the undoubted right of either House of Congress to punish
for contempt in cases to which its power properly extends under the
expressed terms of the Constitution (II, 1014; In Re Chapman, 166
U. S. 661). The nature of the punishment which the House may inflict
was discussed by the Court in Anderson's case (II, 1607; Anderson v.
Dunn, 6 Wheaton 204).
In the case of Marshall v. Gordon, 243 U. S., 521, the Court stated:
5296 Decision of Appellant while United States Attorney for the
the court in Mar- Southern District of New York conducted a grand jury
shall D. Gordon. " investigation which led to the indictment of a Mem-
ber of the House of Representatives. Acting on
charges of misfeasance and nonfeasance made by the Member against
appellant in part before the indictment and renewed with additions
afterward, the House by resolution directed its Judiciary Committee
to make inquiry and report concerning appellant's liability to impeach-
[124]
JEFFEKSON S MANUAL
§296.
merit. Such inquiry being in progress through a subcommittee,
appellant addressed to the subcommittee's chairman, and gave to
the press, a letter, charging the subcommittee with an endeavor to
probe into and frustrate the action of the grand jury, and couched in
terms calculated to arouse the indignation of the members of that
committee and those of the House generally. Thereafter, appellant
was arrested in New York by the Sergeant at Arms pursuant to a reso-
lution of the House whereby the letter was characterized as defama-
tory and insulting and as tending to bring that body into public con-
tempt and ridicule, and whereby appellant in writing and publishing
such letter was adjudged to be in contempt of the House in violating
its privileges, honor, and dignity. He applied for habeas corpus.
The court held that the proceedings concerning which the alleged
contempt was committed were not impeachment proceedings; that,
whether they were impeachment proceedings or not, the House was
without power by its own action, as distinct from such action as might
be taken under criminal laws, to arrest or punish for such acts as were
committed by appellant.
No express power to punish for contempt was granted to the House
of Representatives save the power to deal with contempts committed
by its own Members (Art. I, § 5) . The possession by Congress of the
commingled legislative and judicial authority to punish for contempts
which was exerted by the House of Commons is at variance with the
view and tendency existing in this country when the Constitution was
adopted, as evidenced by the manner in which the subject was treated
in many State constitutions, beginning at or about that time and con-
tinuing thereafter. Such commingling of powers would be destructive
of the basic constitutional distinction between legislative, executive,
and judicial power, and repugnant to limitations which the Constitu-
tion fixes expressly; hence there is no warrant whatever for implying
such a dual power in aid of other powers expressly granted to Congress.
The House has implied power to deal directly with contempt so far as
is necessary to preserve and exercise the legislative authority expressly
granted. Being, however, a power of self-preservation, a means and
not an end, the power does not extend to infliction of punishment, as
such; it is a power to prevent acts which in and of themselves inherently
prevent or obstruct the discharge of legislative duty and to compel the
doing of those things which are essential to the performance of the
legislative functions. As pointed out in Anderson v. Dunn, 6 Wheat.,
204, this implied power in its exercise is limited to imprisonment during
the session of the body affected by the contempt.
[125]
JEFFERSON'S MANUAL
§297.
The authority does not cease when the act complained of has been
committed, but includes the right to determine in the use of legitimate
and fair discretion how far from the nature and character of the act
there is necessity for repression to prevent immediate recurrence, i. e,,
the continued existence of the interference or obstruction to the exercise
of legislative power. In such case, unless there be manifest an absolute
disregard of discretion, and a mere exertion of arbitrary power coming
within the reach of constitutional limitations, tho exercise of the au-
thority is not subject to judicial interference. The power is the same
in quantity and quality whether exerted on behalf of the impeachment
powers or of the others to which it is ancillary. The legislative power
to provide by criminal laws for the prosecution and punishment of
wrongful acts is not here involved.
See also (McGrain v. Daugherty, 273 U. S., 135; Sinclair v. United
States, 279 U. S., 263; Jurney v. MacCracken, 294 U. S., 125).
* * * The editor of the Aurora having, in his
paper of February 19, 1800, inserted
§297. Jefferson's r ^ IT/.
statement of aw- some paragraphs defamatory of the
ments for inherent ,-, , T r- • i t • i •
power to pumsh for Senate, and failed m his appearance,
contempt. j^ wag orcjere(} ^o be committed. In
debating the legality of this order, it was insisted,
in support of it, that every man, by the law of
nature, and every body of men, possesses the right
of self-defense; that all public functionaries are
essentially invested with the powers of self-preser-
vation; that they have an inherent right to do all
acts necessary to keep themselves in a condition to
discharge the trusts confided to them ; that whenever
authorities are given, the means of carrying them
into execution are given by necessary implication;
that thus we see the British Parliament exercise the
right of punishing contempts; all the State Legis-
latures exercise the same power, and every court
[126]
JEFFERSON'S MANUAL
§298.
does the same; that, if we have it not, we sit at the
mercy of every intruder who may enter our doors or
gallery, and, by noise and tumult, render proceeding
in business impracticable; that if our tranquillity is
to be perpetually disturbed by newspaper defama-
tion, it will not be possible to exercise our functions
with the requisite coolness and deliberation; and
that we must therefore have a power to punish these
disturbers of our peace and proceedings. * * *
* * * To this it was answered, that the Parlia-
§298. statement or ment ^ courts of England have cog-
anmments against nizance of contempts by the express
the inherent power . . . . _
to punish for con- provisions of their law; that the State
tempts. Legislatures have equal authority be-
cause their powers are plenary; they represent their
constituents completely, and possess all their powers,
except such as their constitutions have expressly
denied them; that the courts of the several States
have the same powers by the laws of their States, and
those of the Federal Government by the same State
laws adopted in each State, by a law of Congress; that
none of these bodies, therefore, derive those powers
from natural or necessary right, but from express law;
that Congress have no such natural or necessary
power, nor any powers but such as are given them
by the Constitution; that that has given them,
directly, exemption from personal arrest, exemption
from question elsewhere for what is said in their
House, and power over their own members and pro-
[127]
JEFFERSON S MANUAL
ceedings; for these no further law is necessary, the
Constitution being the law; that, moreover, by that
article of the Constitution which authorizes them "to
make all laws necessary and proper for carrying into
execution the powers vested by the Constitution in
them/' they may provide by law for an undisturbed
exercise of their functions, e. g.? for the punishment
of contempts, of affrays or tumult in their presence,
&c.; but, till the law be made, it does not exist; and
does not exist, from their own neglect; that, in the
meantime, however, they are not unprotected, the
ordinary magistrates and courts of law being open
and competent to punish all unjustifiable disturbances
or defamations, and even their own sergeant, who
may appoint deputies ad libitum to aid him, S Grey,
59, 147, S55, is equal to small disturbances; that in
requiring a previous law, the Constitution had regard
to the inviolability of the citizen, as well as of the
Member; as, should one House, in the regular form
of a bill, aim at too broad privileges, it may be checked
by the other, and both by the President; and also as,
the law being promulgated, the citizen will know how
to avoid offense. But if one branch may assume its
own privileges without control, if it may do it on the
spur of the occasion, conceal the law in its own
breast, and, after the fact committed, make its sen-
tence both the law and the judgment on that fact;
if the offense is to be kept undefined and to be declared
only ex re nata, and according to the passions of the
[128]
JEFFERSON S MANUAL
§301.
col 2; 648, col. L PeL MisceL ParL, 119. Lex.
Parl, c. 23. 2 Hats., 22, 62.
The Constitution of the United States limits Uie broad Parliamentary
privilege to the time of attendance on sessions of Congress, and of going
to and returning therefrom. In a case wherein a Moraber was im-
prisoned during a recess of Congress, he remained in confinement until
the House, on assembling, liberated him (III, 2570).
It is recognized in the practice of the House that a member maybe
named of a committee before he is sworn, and in some cases Members
have not taken the oath until long afterwards (IV, 4483). In one case,
wherein a Member did not appear to take the oath, the Speaker with the
consent of the House appointed another Member to the committee place
(IV, 4484). The status of a Member-elect under the Constitution
undoubtedly differs greatly from the status of a Member-elect under the
law of Parliament. In various inquiries by committees of the House
this question has been examined, with the conclusions that a Member
elect becomes a Member from the very beginning of the term to which
he was elected (I, 500), that he is as much an officer of the Government
before taking the oath as afterwards (I, 185), and that his status is
distinguished from that of a Member who has qualified (I, 183, 184).
Members-elect may resign or decline before taking the oath (II, 1230-
1233, 1235), and in one case a Member-elect was expelled (I, 476; II,
1262). The names of Members who have not been sworn are not
entered on the roll from which the yeas and nays are called for entry on
the Journal (V, 6048; VIII, 3122).
Every man must, at his peril, take notice who are
§301. Kerens of members of either House returned of
Members and
others to privilege, record. Leo;. ParL, 23; 4 Inst., 24-
On complaint of a breach of privilege, the party
may either be summoned, or sent for in custody of
the sergeant. 1 Grey, 88, 95.
The privilege of a Member is the privilege of the
House. If the Member waive it without leave, it is
a ground for punishing him, but cannot in effect
waive the privilege of the House. 8 Grey, 140,
[ISO]
JEITERSON'S MANUAL
§§ 302. 303.
Although, the privilege of Members of the House of Representatives
is limited by the Constitution, these provisions of the Parliamentary
law are applicable, and persons who have attempted to bribe Members
(II, 1599, 1606), assault them for words spoken in debate (II, 1617,
1625) or interfere with them while on the way to attend the sessions
of the House (II, 1626), have been arrested by order of the House by
the Sergeant-at-Arms, "wherever to be found." The House has
declined to make a general rule to permit Members to waive their
privilege in certain cases, preferring to give or refuse permission in each
individual case (III, 2660-2662).
For any speech or debate in either House, they
shall not be questioned in any other
§302. Pariiamen- place. Const. U. S., I, 6; S. P. protest
of the Commons to James I, 1621; 2
RaPin> No- 64 PP-> 211> 21%- But this is
or debate. restrained to things done in the House
in a parliamentary course. 1 Rush,
663. For he is not to have privilege contra morem
parKamentarium, to exceed the bounds and limits
of his place and duty. Com. p.
If an offense be committed by a member in the
House, of which the House has cogni-
1 °f zance, it is an infringement of their
right for any person or court to take
notice of it till the House has punished
the offender or referred him to a due course. Lex.
ParL9 63.
Privilege is in the power of the House, and is a
restraint to the proceeding of inferior courts, but not
of the House itself. 8 Nalson, 450; 2 Grey, 899. For
whatever is spoken in the House is subject to the cen-
sure of the House; and offenses of this kind have been
[131]
JEFFERSON'S MANUAL
§§ 304, 305.
severely punished by calling the person to the bar
to make submission, committing him to the tower,
expelling the House, &c. Scab., 72; L. ParL, c. 22.
§ 804. Breach of It is a breach of order for the Speaker
t^tle^SSr to refuse to Put a question which is in
which i« in order, order. 1 Hats., 175-6; 5 Grey, 188.
Where the Clerk, presiding during organization of the House, de-
clined to put a question, a Member put the question from the floor
(I, 67).
And even in cases of treason, felony, and breach of
the peace, to which privilege does not
extend as to substance, yet in Parlia-
iege as relate* to ment a member is privileged as to the
treason, felony, etc. .f o v UAA^
mode of proceeding. The case is first to
be laid before the House, that it may judge of the fact
and of the ground of the accusation, and how far
forth the manner of the trial may concern their
privilege; otherwise it would be in the power of other
branches of the government, and even of every private
man, under pretenses of treason, &c., to take any
man from his service in the House, and so, as many,
one after another, as would make the House what he
pleaseth. Dec'l of the Com. on the King's declaring
Sir John Hotham a traitor. 4 Rushw., 586. So, when
a member stood indicted for felony, it was adjudged
that he ought to remain of the House till conviction;
for it may be any man's case, who is guiltless, to be
accused and indicted of felony, or the like crime,
23 El, 1580; D'Ewes, 288, col. 1; Lex. ParL, 138.
[132]
JEFFERSON'S MANUAL
{$ 310, 311.
SEC. VI.— QUORUM.
* * * * *
In general the chair is not to be taken till a quorum
$3io. Necessity of for business is present; unless, after due
biTeZ w!L* waiting, such a quorum be despaired of,
debate. when the chair may be taken and the
House adjourned. And whenever, during business,
it is observed that a quorum is not present, any
member may call for the House to be counted, and
being found deficient, business is suspended, 8 Hats.y
125, 126.
In the House of Representatives the Speaker takes the Chair at the
hour to which the House stood adjourned, the question of quorum not
being considered unless raised (IV, 2733; VI, 624), and it is not in-
cumbent on the Chair to ascertain the presence of a quorum unless
the point is raised (VI, 565). According to the earlier and later
practice of the House the presence of a quorum is necessary during
debate and other business (IV, 2935-2949).
SEC. VII. — CALL OF THE HOUSE
On the call of the House, each person rises up as he
is called, and answereth; the absentees
$311. Partiamen- ,11 j. J V j. A U
tary ruiee for caii are then only noted, but no excuse to be
of the Hoose.
Then the absentees are called a second time, and if
still absent, excuses are to be heard. Ord. House of
Commons, 92.
They rise that their persons may be recognized ; the
voice, in such a crowd, being an insufficient verifica-
tion of their presence. But in so small a body as the
[135]
JEFFERSON'S MANUAL
§§ 313, 314.
Speaker should be elected by a majority of all present (I, 215), and in
1879 that he might be elected by a majority of those present, if a
quorum, and that a majority of all the Members was not required
(I, 216). In two instances the House chose a Speaker by plurality oi
votes, but confirmed the choice by majority vote (I, 221). On several
occasions the choice of Speaker has been delayed for several weeks by
contests (I, 222; V, 5356, 6647, 6649; VI, 24).
In the Senate, a President pro tempore, in the ab-
sence of the Vice-President, is proposed
§313. Election of » ^ ^
president pro tem- and chosen by ballot. His office is
pore of the senate. un(jerstOod to be determined on the
Vice-President's appearing and taking the chair, or
at the meeting of the Senate after the first recess.
In the later practice the President pro tempore has usually been
chosen by resolution. In 1876 the Senate determined that the tenure
of office of a President pro tempore elected at one session does not
expire at the meeting of Congress after the first recess, the Vice-Presi-
dent not having appeared to take the chair; that the death of the Vice-
President does not have the effect to vacate the office of President pro
tempore; and that the President pro tempore holds office at the pleasure
of the Senate (II, 1417).
Where the Speaker has been ill, other Speakers pro
§314. Pariiamen- tempore have been appointed. In-
stances of this are 1 H., 4* Sir John
Cheyney, and Sir William Sturton, and
in 15 H., 6. Sir John Tyrrel, in 1656, January 27;
1658, March 9; 1659, January 13.
Sir Job Charlton ill, Seymour'
chosen, 1673, February 18.
Seymour being ill, Sir Robert
Sawyer chosen, 1678, April 15.
Sawyer being ill, Seymour
chosen.
[137]
Not merely pro
tempore. 1 Chand.,
169, 276, 277.
JEFFERSON'S MANUAL
§§315,316.
Thorpe in execution, a new Speaker chosen, 81 H.
VI, S Grey, 11; and March 14, 1694, Sir John Trevor
chosen. There have been no later instances.
The House of Representatives, by Rule 1, cl. 7, has provided for
appointment and election of Speakers pro tempore.
A Speaker may be removed at the will of the
§3i5.Eemovaiof House, and a Speaker pro tempore ap-
the Beaker. pointed, f Grey, 186; 5 Grey, 134.
The House of Representatives has never removed a Speaker; but it
has on several occasions removed or suspended other officers, as Clerk
and Doorkeeper (I, 287-290, 292; II, 1417), who are officers classed by
the Constitution in the phrase "the House of Representatives shall
choose their Speaker and other officers." A resolution for the removal
of an officer is presented as a matter of privilege (I, 284-286; VI, 35),
and a resolution declaring the office of Speaker vacant presents a ques-
tion of constitutional privilege (VI, 35).
SEC. X.— ADDRESS.
*****
A joint address of both Houses of Parliament is read
isle. Addresses by the Speaker of the House of Lords,
to the president. jt may fa Bended by both Houses in a
body, or by a Committee from each House, or by the
two Speakers only. An address of the House of Com-
mons only may be presented by the whole House, or
by the Speaker, 9 Grey, 473; 1 Chandler, S98, 301; or
by such particular members as are of the privy coun-
cil. 2 Hats.,
In the first years of Congress the President annually delivered an
address to the two Houses in joint meeting, and the House of Repre-
[138]
5317.
sentatives then prepared an address, which the Speaker, attended by
the House, carried to the President. A joint rule of 1789 also provided
for the presentation of joint addresses of the two Houses to the Presi-
dent (V, 6630). In 1876 the joint rules of the House were abrogated,
including the joint rule providing for presentation of the joint addresses
of the two Houses to the President (V, 6782-6787). In 1801 President
Jefferson transmitted a message "in writing" and discontinued the
practice of making addresses in person. From 1801 to 1913 all mes-
sages were sent in writing (V, 6629), but President Wilson resumed
the custom of making addresses in person on April 8, 1913, and, with
the exception of President Hoover (VIII, 3333), the custom has been
followed generally by subsequent Presidents.
SEC. XI. COMMITTEES.
Standing committees, as of Privileges and Elec-
§3i7. Appoint- tions, &c., are usually appointed at the
first meeting, to continue through the
session. The person first named is
thereof. generally permitted to act as chairman.
But this is a matter of courtesy; every committee
having a right to elect their own chairman, who pre-
sides over them, puts questions, and reports their pro-
ceedings to the House. 4 inst., 11, 12; Scob., 9; 1
Grey, 122.
Prior to the Sixty-second Congress, standing as well as select commit-
tees and their chairmen were appointed by the Speaker, but under the
present form of Bule X, adopted in 1911 and continued as a part of the
Legislative Reorganization Act of 1946, committees and their respective
chairmen are elected by the House (IV, 4448; VIII, 2178). Owing
to their number and size, committees are not usually elected immedi-
ately, but resolutions providing for such elections are presented by
the majority and minority parties as soon as they are able to perfect
the lists. A committee may order its report to be made by the chair-
man, or by some other member (IV, 4669) 3 even by a member of the
minority party (IV, 4672, 4673), or by a delegate, July 1, 1958 (Burns
of Hawaii) p. 12871; and the chairman sometimes submits a report
in which he has not concurred (IV, 4670; see also § 735).
[139]
JEFFERSON'S MANUAL
{} 318-320.
At these committees the members are to speak
standing, and not sitting; though there
§ 318. Partia- c*/ . . . /> ..
mentaryiawaaio {s reason to conjecture it was formerly
SSi*"** otherwise. D'Ewes, 680, col. 1; 4 Parl
committees. gfa^ J^Q. % fJatS., 77.
Their proceedings are not to be published, as they
3w secrecy of are ojf G0 force *^ confirmed by the
70
HOUSQ. Rushw., part 3, vol. 2, 74; 8
Grey, 401; Scob., 39. * * *
In the House of Representatives it is entirely within rule and usage
for a committee to conduct its proceedings in secret (IV, 455&-4564;
56e also § 735), and the House itself may not abrogate the secrecy of
a committee's proceedings except by suspending the rule (IV, 4565).
The House has no information concerning the proceedings of a com-
mittee not officially reported by the committee (VII, 1015) and it is
not in order in debate to refer to proceedings of a committee which
have not formally been reported to the House (V, 5080-5083; VIII,
2269, 2485, 2493, June 24, 1958, p. 12120, 12122). A member was,
however, permitted to refer to the unreported proceedings of a sub-
committee to justify his point of order that a resolution providing for
a select committee to inquire into action of the subcommittee was not
privileged (June 30, 1958, p. 12690-91). In one case the House
authorized the clerk of a committee to disclose by deposition its pro-
ceedings (III, 2604). Where a committee takes testimony it is some-
times very desirable that the proceedings be secret (III, 1694), as in
the investigation in the Bank of the United States in 1834, when the
committee determined that its proceedings should be confidential, not
to be attended by any person not invited or required (III, 1732). It
is for the committee to determine, in its discretion, whether the pro-
ceedings of the committee shall be open or not (§ 735). Thus, in the
case of Roberts, the committee permitted its meetings to be attended by
the public, and allowed its proceedings to be published (I, 475, footnote) .
Under Kule XI, cl. 26 (g), all hearings conducted by standing com-
mittees shall be open to the public, except executive sessions for
marking up bills or for voting or where the committee by a majority
vote orders an executive session.
5320. Reception * * Nor can they receive a peti-
tion but through the House. 9 Grey,
412.
[140]
JEFFERSON'S
§§ 321-323.
When a committee is charged with an inquiry, if a
§32i. Puma- Member prove to be involved, they can
not proceed against him, but must make
a special report to the House; where-
upon the Member is heard in his place,
or at the bar, or a special authority is given to the
committee to inquire concerning him. 9 Grey, 523.
While the authority of this principle has not been questioned by the
5 322. Practice House, there have in special instances been deviations
of House when a from it. Thus, in 1832, when a Member had been
committee inquiry slain in a duel, and the fact was notorious that all the
involves a principals and seconds were Members of the House,
the committee, charged only with investigating the
causes and whether or not there had been a breach of privilege, reported
with their findings recommendations for expulsion and censure of the
Members found to be implicated. There was criticism of this method
of procedure as deviating from the rule of Jefferson's Manual, but the
House did not recommit the report (II, 1644) . In 1857, when a com-
mittee charged with inquiring into accusations against Members not
named found certain Members implicated, they gave them copies of
the testimony and opportunities to explain to the committee, under
oath or otherwise, as they individually might prefer (III, 1845), but
reported recommendations for expulsion without first seeking the order
of the House (II, 1275; III, 1844). In 1859 and 1892 a similar pfoce-
dure occurred (III, 1831, 2637) . But the House, in a case wherein an in-
quiry had incidentally involved a Member, evidently, considered the
parliamentary law as applicable, since it admitted as of privilege and
agreed to a resolution directing the committee to report the charges
(III, 1843). And in cases wherein testimony taken before a joint
committee incidentally impeached the official characters of a Member
and a Senator, the facts in each case were reported to the House in-
terested (III, 1854).
And where one House, by its committee, has found a Member of the
§ 323 inquiries other implicated, the testimony has been transmitted
involving (II, 1276; III, 1850, 1852, 1853). Where such testi-
M embers of mony was taken in open session of the committee, it
other House. was no^ thought necessary that it be under seal
when sent to the other House (III, 1851).
[141]
JEITORSON'S 3f ANTJAL
§5324,325.
So soon as the House sits, and a committee is noti-
5 3M. Duty of &ed of it, the chairman is in duty bound
chairman of a to ^ instantly, and the members to
committee when •".
fee House si*. attend the service 01 tne House. #
., 919.
Rule XI provides that the Committee on Government Operations,
the Committee on Rules and the Committee on Un-American Activ-
ities may sit, without special leave, during the sitting of the House
(§ 739). Leave for a committee to sit during sessions of the House
does not release its members from liability to arrest during a call of the
House (IV, 3020) . A request that a committee have leave to sit during
sessions of the House has no privileged status in the order of business,
and may be prevented by a single objection (IV, 4547) .
It appears that on joint committees of the Lords
§325. Action of ^d Commons each committee acted
joint committees, integrally in the following instances: 7
Grey, 261, 278, 285, 338; 1 Chandler, 857, 4-62. In the
following instances it does not appear whether they
did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.
I^is the practice in Congress that joint committees shall vote per
capita, and not as representatives of the two Houses (IV, 4425),
although the membership from the House of Representatives is usually,
but not always (IV, 4410), larger than that from the Senate (III, 1946;
IV, 4426-4431). But ordinary committees of conference appointed to
settle differences between the two Houses are not considered joint
committees, and the managers of the two Houses vote separately (V,
6336). A quorum of a joint committee seems to have been considered
to be a majority of the whole number rather than a majority of the
membership of each House (IV, 4424). The first named of the Senate
members acted as chairman in one notable instance (IV, 4424), and
in another the joint committee elected its chairman (IV, 4447) .
[142]
JEFFERSON'S MANUAL
§326.
SEC. XII. — COMMITTEE OF THE WHOLE.
The speech, messages, and other matters of great
5326. Pariia- concernment are usually referred to a
ZSZS5 Committee of the Whole House (6 Grey,
the moie. Sll}, where general principles are di-
gested in the form of resolutions, which are debated
and amended till they get into a shape which meets
the approbation of a majority. These being reported
and confirmed by the House are then referred to one
or more select committees, according as the subject
divides itself into one or more bills. Scob., 86, 44-
Propositions for any charge on the people are espe-
cially to be first made in a Committee of the Whole.
S Hats., 127. The sense of the whole is better taken
in committee, because in all committees everyone
speaks as often as he pleases. Scob., 49. * * *
This provision is largely obsolete, the House of Representatives
having by its rules and practice provided specifically for procedure in
Committee of the Whole, and having also by its rules for the order of
business left no privileged status for motions to go into Committee of
the Whole on matters not already referred to that committee. The
Committee of the Whole no longer originates resolutions or bills, but
receives such as have been formulated by standing or select committees
and referred to it; and when it reports, the House usually acts at once
on the report without reference to select or other committees (IV, 4705).
The only survival of the parliamentary usage is the practice of referring
annual messages of the President to Committee of the Whole, to be
there considered and reported, with recommendations for the refer-
ence of the various portions to the proper standing or select com-
mittees (V, 6621, 6622). Executive communications submitted to
implement the proposals contained in the State of the Union Mes-
sage are referred by the Speaker to the various committees having
jurisdiction over the subject matter therein.
[143]
JEFFERSON'S MANUAL
55327-329.
* * * They generally acquiesce in the chair-
1 327. sdcc«on man named by the Speaker; but, as
ofciiinnanof w^ ^s ^ other committees, have a
Committee of the
whole, right to elect one, some member, by
consent, putting the question. Scob., 86; 3 Grey,
SOL * * *
The House of Representatives (by Rule XXIII, cl. 1) gives the
authority to appoint the Chairmen of the Committee of the Whole to
the Speaker (IV, 4704).
* * * The form of going from the House into
i 828. Form of committee, is for the Speaker, on
o^nutoeofthe motion, to put the question that the
whole. House do now resolve itself into a
Committee of the Whole to take into consideration
such a matter, naming it. If determined in the
affirmative, he leaves the chair and takes a seat
elsewhere, as any other Member; and the person
appointed chairman seats himself at the Clerk's
table. Scob., 36. * * *
This is the form in the House of Representatives, except that the
Chairman of the Committee of the Whole seats himself in the Speaker's
chair.
* * * Their quorum is the same as that of the
§329. Quorum in House; and if a defect happens, the
committee of the chairman, on a motion and question,
Whole. • ji m i , ,
rises, the Speaker resumes the chair
and the chairman can make no other report than
to inform the House of the cause of their dissolu-
tion. * * *
[144]
JEFFEESON-'S MA3STUAL
§§ 330, 331.
Until 1890 the quorum of the Committee of the Whole of the House
of Representatives was the same as the quorum of the House; but in
1890 the rule (XXIII, cl. 2) fixed it at one hundred (IV, 2966). The
same rule provides specifically the procedure in case of failure of a
quorum.
* * * If a message is announced during a
§330. Rising of committee, the Speaker takes the chair
^Jut^f* and receives it, because the ftOTnTmtt.ee
messages. can not. g HdlS., 125, 126.
In the House of Representatives the committee rises informally to
receive a message, without question being put (IV, 4786, footnote) ; but
at this rising the House may not have the message read or transact
other business except by unanimous consent (IV, 4787-4791).
In a Committee of the Whole, the tellers on a divi-
5331. Quarrels sion differing as to numbers, great heats
and confusion arose, and danger of a de-
cision by the sword. The Speaker took
relation thereto. the chair, the mace was forcibly laid on
the table; whereupon the Members retiring to their
places, the Speaker told the House "he had taken the
chair without an order to bring the House into order."
Some excepted against it; but it was generally ap-
proved as the only expedient to suppress the disorder.
And every Member was required, standing up in his
place, to engage that he would proceed no further in
consequence of what had happened in the grand com-
mittee, which was done. S Grey, 128.
In the House of Representatives the Speaker has on several occasions
taken the chair "without an order to bring the House into order" (II,
1648-1653), but that being accomplished he may yield to the chairman
that the committee may rise in due form (II, 1349). In one instance, a
Member having defied and insulted the chairman, he left the chair, and,
[145]
S MANUAL
55332,333.
on the chair being taken by the Speaker, reported the facts to the House
(II, 1653). In several cases Members who have quarrelled have made
explanation and reconciled their difficulties (II, 1651), or have been
compelled by the House to apologize "for violating its privilege and
offending its dignity" (II, 1648, 1650).
In the House of Eepresentatives one-fifth of a quorum orders tellers.
A Committee of the Whole being broken up in
disorder, and the chair resumed by the
5 332. Effect of ' 11 -re-
breaking up of Speaker without an order, the House
Committee of the r .. ., ,—, , -
whole by was adjourned. The next day the
******' committee was considered as thereby
dissolved, and the subject again before the House;
and it was decided in the House, without returning
into committee. S Grey, ISO.
This provision is obsolete, since in the practice of the House of Repre-
sentatives there are but two committees of the whole, which are in their
nature standing committees, with calendars of business. They are
never dissolved, and bills remain on their calendars until reported in
the regular manner after consideration (IV, 4705). When the Speaker
restores order he usually yields the chair to the chairman, thus permit-
ting the committee later to rise in due form (II, 1349).
No previous question can be put in a committee;
§333. Motions nor can this committee adjourn as
others may; but if their business is
unfinished, they rise, on a question,
the whole. the House is resumed, and the chair-
man reports that the Committee of the Whole have,
according to order, had under their consideration
such a matter, and have made progress therein; but
not having had time to go through the same, have
directed him to ask leave to sit again. Whereupon
a question is put on their having leave, and on the
[146]
JEFFERSON'S
§$ 334, 335.
time the House will again resolve itself into a com-
mittee. Scob., 88. But if they have gone through
the matter referred to them, a member moves that
§334. Puma- "fc^le committee may rise, and the chair-
man report their proceedings to the
House; which being resolved, the chair-
man rises, the Speaker resumes the
chair, the chairman informs him that the committee
have gone through the business referred to them, and
that he is ready to make report when the House shall
think proper to receive it. If the House have time
to receive it, there is usually a cry of "now, now,"
whereupon he makes the report; but if it be late, the
cry is "to-morrow, to-morrow," or "Monday," etc.,
or a motion is made to that effect, and a question put
that it be received to-morrow, &c. Scob., 38.
In the practice of the House the previous question and motion to
adjourn are not admitted in Committee of the Whole; but the rules
(XXIII, cl. 5, 6) provide for closing both the general and five-minute
debate. When the committee rises without concluding a matter the
chairman reports that they "have come to no resolution thereon;"
but leave to sit again is not asked in the modern practice. Nor is
permission of the House asked when the chairman reports a matter
concluded in committee. The report is made and received as a matter
of course, and is thereupon before the House for action.
The Speaker recognizes only reports from the Committee of the
§335 Duties of Whole made by the chairman thereof (V, 6987),
Speaker and House and a matter alleged to have arisen therein but not
as to reception of reported may not be brought to the attention of
reports of Com- the House (VIII, 2429, 2430) even on the claim that
mittee of the Whole. ft question of priviiege is involved (IV, 4912; V,
6987; VIII, 2430). In one instance, however, the committee reported
with a bill a resolution relating to an aUeged breach of privilege (V,
When a bill is reported the Speaker must assume that it has
[147]
JEFFERSON'S MANUAL
ft 336. 837.
passed through all the stages necessary for the report (IV, 4916).
When the committee reported not only what it had done but by whom
it had been prevented from doing other things, the Speaker held that
the House might not amend the report, which stood (IV, 4909). But
a committee may not report a recommendation which, if carried into
effect, would change a rule of the House (IV, 4907, 4908). When an
amendment is reported by the committee it may not be withdrawn,
and a question as to its validity is not considered by the Speaker (IV,
4900). When a committee, directed by order of the House to consider
certain bills, reported also certain other bills, the Speaker held that so
much of the report as related to the latter bills could be received only
by unanimous consent (IV, 4911). When a report is ruled out as in
excess of the committee's power, the accompanying bill stands recom-
mitted (IV, 4784, 4907). A report from a Committee of the Whole
may not be received in the absence of a quorum (VI, 666). The
Committee of the Whole, like any other committee, may amend a
proposition either by an ordinary amendment or
§S36. Amendments by a substitute amendment (IV, 4899), but these
w^r"ttee°fthe amendments must be reported to the House for
action. Amendments rejected by the committee
are not reported (IV, 4877). Ordinarily all amendments must be
disposed of before the committee may report (IV, 4752-4758); but
sometimes a special order requires a report at a specified time, in which
case pending amendments are reported (IV, 3225-3228) or not (IV,
4910) as the terms of the order may direct. The practice of the House,
based originally on a rule (IV, 4904), requires amendments to be
reported from the Committee of the Whole in their perfected forms,
and this holds good even in the case of an amendment in the nature
of a substitute, which may have been amended freely (IV, 4900-4903).
If a Committee of the Whole amend a paragraph and subsequently
strike out the paragraph as amended, the first amendment fails, and
is not reported to the House or voted on (IV, 4898; V, 6169; VIII,
2421,2426).
All amendments to a bill reported from the Committee of the Whole
stand on an equal footing and must be voted on by
LT^^Td!f the House <IV> 4871> in th* <*<*er in which they
ments in the House. are reported, although they may be inconsistent,
one with another (IV, 4881, 4882), and are subject
to amendment in the House unless the previous question is ordered
(VIII, 2419). Two amendments being reported as distinct were con-
sidered independently, although apparently one was a proviso attach-
[148]
JEFFEKSON'S MANUAL
§338.
ing to the other (IV, 4905) ; and an entire and distinct amendment may
not be divided, but must be voted on by the House as a whole (IV,
4883-4892; VIII, 2426). It is a frequent practice for the House by
unanimous consent, to act at once on all the amendments to a bill
reported from the Committee of the Whole, but it is the right of any
Member to demand a separate vote on any amendment (IV, 4893,
4894; VIII, 2419). When a bill is reported with amendments, it is
in order to submit additional amendments, but the first question is on
the committee amendments (IV, 4872-4876) ; but the opportunity to
debate or make additional amendments depends on the will of the
House as expressed on a motion for the previous question (IV, 4895;
V, 5794; VIII, 2419). The fact that a proposition has been rejected
by the Committee of the Whole does not prevent it from being offered
as an amendment when the subject comes up in the House (IV, 4878-
4880; VIII, 2700). A substitute amendment may be offered to a
bill reported from committee, and then the previous question may be
ordered on the substitute, on all other amendments, and on the bill
to final passage (V, 5472). An amendment in the nature of a substi-
tute reported from committee is treated like any other amendment
(V, 5341), and if the House rejects the substitute the original bill with-
out amendment is before the House (VIII, 2426) .
Where a series of bills are reported from Committee of the Whole,
the House considers them in the order in which they
are reP°rted (IV» 4869> 4870»* VIII» 2417)' A
Whoiein the House, proposition reported for action has precedence over
an independent resolution on the same subject
offered by a Member from the floor (V, 6986), and where a bill and a
resolution relating to an alleged breach of privilege were reported to-
gether the question was put first on the bill (V, 6986) . A bill read in
full and considered in Committee of the Whole (IV, 3409, 3410), or
presumed to have been so read (IV, 4916), is not read in full again in
the House when reported and acted on. The Chairman of the Com-
mittee of the Whole which reports a bill does not become entitled to
prior recognition for debate in the House (II, 1453) ; but on an adverse
report an opponent is recognized to make a motion for disposition of
the bill (IV, 4897; VIII, 2430), or for debate (VIII, 2629). The recom-
mendation of the committee being before the House, the motion to
carry out the recommendation is usually considered as pending with-
out being offered from the floor (IV, 4896), but when a bill was reported
with a recommendation that it lie on the table, a question was raised
62581°— H. Doc. 459, 86-2 11 [149]
MANUAL
H839-342.
as to whether or not this motion, which prevents debate, should be
considered as pending (IV, 4897).
A motion to discharge the Committee of the Whole from the con-
sideration of a matter committed to it is not priv-
5339. Discharge of jjege(j ^g against a demand for the regular order
the Committee of the ^ 491^ When the committee is discharged
Whoie* from consideration of a bill the House, in lieu of
the report of the chairman, accepts the minutes of the Clerk as evidence
of amendments agreed to (IV, 4922).
IMO. Application In other things the rules or proceed-
aSeTo?t£ ings are to be the same as in the
whole. House. Scob., 89.
The House of Representatives provides by rule (XXIII, cl. 8) that the
rules of proceeding in the House shall apply in Committee of the Whole
so far as they may be applicable.
SEC. XIII. — EXAMINATION OF WITNESSES.
Common fame is a good ground for the House to
GHnmon proceed by inquiry, and even to accusa-
fame ^ ground tion. Resolution House of Commons,
fcrinvestfcation.
Grey, 16-22, 9$; 8 Grey, 81, 23, 27, 45.
In the House of Representatives common fame has been held suffi-
cient to justify procedure for inquiry (III 2701), as in a case wherein it
was stated on the authority of "common rumor" that a Member had
been menaced (III, 2678). The House also has voted to investigate
with a view to impeachment on the basis of common fame, as in the
cases of Judges Chase (III, 2342), Humphreys (III, 2385), and Durell
(IE, 2506).
§s42.Theproduc. Witnesses are not to be produced
uon of witnesses at but where the House has previously
an Inquiry. . "
instituted an inquiry, 2 Hats., 102,
nor then are orders for their attendance given blank.
S Gr&y, 51.
[150]
JEFFERSON'S
§343.
In the House of Representatives witnesses are summoned in pursu-
ance and by virtue of the authority conferred on a committee by the
House to send for persons and papers (III, 1750) . Even in cases where-
in the rules give to certain committees the authority to investigate
without securing special permission, authority must be obtained
before the production of testimony may be compelled (IV, 4316).
The rules require that subpoenas be signed by the Speaker (Rule I,
cl. 4) and attested and sealed by the Clerk (Rule III, cl. 3). Some-
times the House authorizes issue of subpoenas during a recess of Con-
gress and empowers the Speaker to sign them (III, 1806), and in one
case the two Houses, by concurrent resolution, empowered the Vice-
President and Speaker to sign during a recess (III, 1763). (See Barry
v. U. S. ex. rel. Cunningham, 279 U. S., 597; McGrain v. Daugherty,
273 U. S., 135; Sinclair v. United States, 279 U. S., 263).
When any person is examined before a committee
§ 343. Examination or at the bar of the House, any Member
1^^^! wishing to ask the person a question
*****- must address it to the Speaker or chair-
man, who repeats the question to the person, or says
to him, "You hear the question — answer it." But
if the propriety of the question be objected to, the
Speaker directs the witness, counsel, and parties to
withdraw; for no question can be moved or put or
debated while they are there. 2 Hats., 108. Some-
times the questions are previously settled in writing
before the witness enters. Ib., 106, 107; 8 Grey, 64-
The questions asked must be entered in the journals.
3 Grey, 81 . But the testimony given in answer before
the House is never written down; but before a com-
mittee, it must be, for the information of the House,
who are not present to hear it. 7 Grey, 52, 884-
The Committee of the Whole of the House of Representatives was
charged with an investigation in 1792, but the procedure was wholly
[151]
JEFFEKSON'S MANUAL
|5 344, 345.
exceptional (III, 1804), although a statute still empowers the Chairman
of the Committee of the Whole, as well as the Speaker, chairmen of
select or standing committees, and Members to administer oaths to
witnesses (2 U. S. C. 191; III, 1769). Most inquiries, in the modern
practice, are conducted by select or standing committees, and these
in each case determine how they will conduct examinations (III, 1773,
1775). Clause 26, Rule XI, contains provisions governing certain
procedures at investigative hearings by committees (§ 735). In one
case a committee permitted a Member of the House not of the com-
mittee to examine a witness (III, 2403). Usually these investigations
are reported stenographically, thus making the questions and answers
of record for report to the House. To sustain a conviction of perjury
a quorum of a committee must be in attendance when the testimony
is given (Christoffel v. U. S., 338 U. S., 84; U. S. v. Bryan, 339 U. S., 323) .
The House, in its earlier years, arraigned and tried at its bar persons,
§344. Earlier and not Members, charged with violation of its privileges,
later practice as to as in the cases of Randall, Whitney (II, 1599-1603),
inquiries at the bar Anderson (II, 1606), and Houston (II, 1616); but in
of the House. ^e case of Woods, charged with breach of privilege
in 1870 (II, 1626-1628), the respondent was arraigned before the House,
but was heard in his defense by counsel and witnesses before a standing
committee. At the conclusion of that investigation the respondent was
brought to the bar of the House while the House voted his punishment
(II, 1628). The House also arraigns at its bar contumacious witnesses
before taking steps to punish by its own action or through the courts
(III, 1685). In examinations at its bar the House has adopted forms
of procedure as to questions (II, 1633, 1768), providing that they be
asked through the Speaker (II, 1602, 1606) or by a committee (II,
1617; III, 1668). And the questions to be asked have been drawn u^
by a committee, even when put by the Speaker (II, 1633). In the
earHer practice the answer of a witness at the bar was not written down
(IV, 2874) ; but in the later practice the answers appear in the Journal
(III, 1668). The person at the bar withdraws while the House passes
on an incidental question (II, 1633; III, 1768). (See McGrain v.
Daugherty, 273 U. S. 135; Barry v. U. S. ex. rel. Cunningham, 279
U. S., 597; Jurney v. MacCracken, 294 U. S., 125).
If either House have occasion for the presence of a
§345. procuring person in custody of the other, they ask
attendance of a wit- ,, , . . - * *7
ness in custody of txie o tiler their leave that he may be
theotherHo.se. brought up to them in custody. 8
Hats., 52.
E152]
JEFFERSON'S
§§ 346, 347.
A Member, in his place, gives information to the
$ 346. Members w House of what he knows of any matter
witne*«*. under hearing at the bar. Jour. H. of
C.n Jan. 22. 17U-6.
At an examination at the bar of the House in 1795 both the written
information given by Members and their verbal testimony were re-
quired to be under oath (II, 1602) . In a case not of actual examination
at the bar, but wherein the House was deliberating on a proposition
to order investigation, it demanded by resolution that certain Members
produce papers and information (III, 1726, 1811). Members often
give testimony before committees of investigation, and in at least one
case the Speaker has thus appeared (III, 1776). But in a case wherein
a committee summoned a Member to testify as to a statement made
by him in debate he protested that it was an invasion of his constitu-
tional privilege (III, 1777, 1778; also see House Report 1372, 67th
Cong., 4th sess., and Congressional Record, Jan. 25, 1923, pp. 2415-
2423). In one instance the chairman of an investigating committee
administered the oath to himself and testified (III, 1821). The House,
in an inquiry preliminary to an impeachment trial, gave leave to its
managers to examine Members, and leave to its Members to attend
for that purpose (III, 2033).
Either House may request, but not command, the
§347. Method of attendance of a Member of the other.
SS££X They ^e to make the request by
other House. message of the other House, and to
express clearly the purpose of attendance, that no
improper subject of examination may be tendered
to him. The House then gives leave to the Member
to attend, if he choose it; waiting first to know from
the Member himself whether he chooses to attend,
till which they do not take the message into consider-
ation. But when the peers are sitting as a court of
criminal judicature, they may order attendance,
[153]
'S MANTJAZ.
$348.
unless where it be a case of impeachment by the
Commons. There it is to be a request. 3 Hats., 17;
9 Grey, 806, 406; 10 Grey, 133.
The House of Representatives and the Senate have observed this
rule; but it does not appear that they have always made public ascer-
tainment of the willingness of the Member to attend (III, 1790, 1791).
In one case the Senate laid aside pending business in order to comply
with the request of the House (III, 1791). In several instances House
committees, after their invitations to Senators to appear and testify
had been disregarded, have issued subpoenas. In such cases the
Senators have either disregarded the subpcenas, refused to obey them,
or have appeared under protest (III, 1792, 1793). In one case, after
a Senator had neglected to respond either to an invitation or a sub-
poena the House requested of the Senate his attendance and the Senate
disregarded the request (III, 1794). Where Senators have responded
to invitations of House committees, their testimony has been taken
without obtaining consent of the Senate (III, 1793, 1795, footnote).
Counsel are to be heard only on private, not on
5 348. Admission of public, bills and on such points of law
counsel. onjy ^ fo^ House shall direct. 10
Grey, 61.
In 1804 the House admitted the counsel of certain corporations to
address the House on pending matters of legislation (V, 7298) , and in
1806 voted that a claimant might be heard at the bar (V, 7299) ; but
in 1808, after consideration, the House by a large majority declined to
follow again the precedent of 1804 (V, 7300) . In early years counsel
in election cases were heard at the bar at the discretion of the House
(I, 657, 709, 757, 765) ; but in 1836, after f ull discussion, the practice
was abandoned (I, 660), and, with one exception in 1841 (I, 659), has
not been revived, even for the case of a contestant who could not speak
the English language (I, 661) . Counsel appear before committees in
election cases, however. Where witnesses and others have been
arraigned at the bar of the House for contempt, the House has usually
permitted counsel (II, 1601, 1616; III, 1667), sometimes under condi-
tions (II, 1604, 1616) ; but in a few cases has declined the request (II,
1608; III, 1666, footnote). In investigations before committees
counsel usually have been admitted (III, 1741, 1846, 1847), sometimes
even to assist a witness (III, 1772), and Clause 26, Rule XI, of the
House now provides that witnesses at investigative hearings may be
[154]
S MANUAL
§849.
accompanied by their own counsel for the purpose of advising them
concerning their constitutional rights (§ 735). In examinations pre-
liminary to impeachment counsel usually have been admitted (III,
1736, 2470, 2516) unless in cases wherein such proceedings were ex
parte.
At one time the House required all counsel or agents representing
persons or corporations before committees to be registered with the
Clerk (III, 1771). The Legislative Reorganization Act of 1946
requires all lobbyists to register with the Clerk of the House and the
Secretary of the Senate (2 U. S. C. 267).
SEC. XIV. ARRANGEMENT OF BUSINESS.
The Speaker is not precisely bound to any rules
*o,« ** ^ as to what bills or other matter shall
§ 349. Advantages
of an order of be first taken up; but it is left to his
usmess. ^^^ discretion, unless the House on a
question decide to take up a particular subject.
Hakew., 136.
A settled order of business is, however, necessary
for the government of the presiding person, and to
restrain individual Members from calling up favorite
measures, or matters under their special patronage,
out of their just turn. It is useful also for directing
the discretion of the House, when they are moved to
take up a particular matter, to the prejudice of others,
having priority of right to their attention in the
general order of business.
# * * * *
In this way we do not waste our time in debating
what shall be taken up. We do one thing at a time;
follow up a subject while it is fresh, and till it is
done with; clear the House of business gradatim as
[155]
JEFFERSON'S MANUAL
8050.
it is brought on, and prevent, to a certain degree, its
immense accumulation toward the close of the
session.
Jefferson gave as a part of his comment on the law of Parliament the
order of business in the Senate in his time. Both in the House and Sen-
ate the order of business has been changed to meet the needs of the
times. The order of business now followed in the House is established
by Rule XXIV; and this rule, with the rules supplemental thereto,
take away to a very large extent the discretion exercised by the Speaker
under the parliamentary law.
In the House of Representatives before committees are appointed it is
in order to offer a bill or resolution for consideration not previously con-
sidered by a committee (VII, 2103). After committees are appointed,
bills and resolutions not otherwise in order must be referred (VII,
2104).
Arrangement, however, can only take hold of mat-
§ 350. conditions ters in possession of the House. New
^te^tedT matter may be moved at any time
business. when no question is before the House.
Such are original motions and reports on bills. Such
are bills from the other House, which are received at
all times, and receive their first reading as soon as the
question then before the House is disposed of; and
bills brought in on leave, which are read first when-
ever presented. So messages from the other House
respecting amendments to bills are taken up as soon
as the House is clear of a question, unless they re-
quire to be printed, for better consideration. Orders
of the day may be called for, even when another
question is before the House.
In Jefferson's time the principles of this comment would have applied
to both House and Senate; but in the House the pressure of business has
become so great that the order of business may be interrupted at the will
[156]
JEFFERSON" 8 MANUAL
§§ 351, 352.
of the majority only by certain specified matters (see annotations fol-
lowing Rule XXIV). For matters not thus specified, interruption of
the order takes place only by unanimous consent.
SEC. XV. — ORDER.
In Parliament, "instances make order/ ' per Speaker
,„„.,. Onslow. 2 Hats.. 14.1. But what is
§ 351. Precedent m , _ 7 _ _ .
parliament and the done only by one Parliament, cannot
House' be called custom of Parliament, by
Prynne. 1 Grey, 52.
In the House of Representatives the Clerk is required to note all ques-
tions of order and the decisions thereon and print the record thereof as
an appendix to the Journal (Rule III, cl. 3) ; and the Speaker feels con-
strained in his rulings to give precedent its proper influence (II, 1317),
since the advantages of such a course are undeniable (IV, 4045). But
decisions of the Speakers on questions of order are not like judgments
of courts which conclude the rights of parties, but may be reexamined
and reversed (IV, 4637). It is rare, however, that such a reversal
occurs.
SEC. XVI. — ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts, or
papers be taken from the table or out of
§ 352. Safe keeping ^ ^
of papers and his custody. 2 Hats., 193, 19^.
integrity of bills. -^ Prynne, having at a Committee
of the Whole amended a mistake in a bill without
order or knowledge of the committee, was repri-
manded. 1 Chand., 77.
A bill being missing, the House resolved that a pro-
testation should be made and subscribed by the
members "before Almighty God, and this honorable
House, that neither myself, nor any other to my
[157]
JEFFERSON'S MANUAL
§§ 353, 354.
knowledge, have taken away, or do at this present
conceal a bill entitled," &c. 5 Grey, 202.
After a bill is engrossed, it is put into the Speaker's
hands, and he is not to let any one have it to look
into. Town, col. 209.
In the House of Representatives an alleged improper alteration of a
bill was presented as a question of privilege and examined by a select
committee. It being ascertained that the alteration was made to
correct a clerical error, the committee reported that it was "highly
censurable in any Member or officer of the House to make any change,
even the most unimportant, in any bill or resolution which has received
the sanction of this body" (III, 2598). Engrossed bills do not go into
the Speaker's hands. Enrolled bills go to him for signature.
SEC. XVII. — OBDEB IN DEBATE.
§353. Decorum of When the Speaker is seated in his
Members as to , , . . . , .
sitting in their chair, every member is to sit in his
places- place. Scab., 6; Grey, 403.
In the House of Representatives the decorum of Members is regulated
by the various sections of Rule XIV; and this provision of the parlia-
mentary law is practically obsolete.
When any Member means to speak, he is to stand
s 354. Procedure up in his place, uncovered, and to ad-
ember in ^^ j^g^ not to the House, or any
particular Member, but to the Speaker,
who calls him, by his name, that the House may take
notice who it is that speaks. Scob., 6; D'Ewes, 487,
col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But
Members who are indisposed may be indulged to
speak sitting. 2 Hats., 75, 77; 1 Grey, 143.
[158]
JEFFERSON'S MANUAL
§§ 355. 356.
In the House of Representatives the Member, in seeking recognition,
is governed by Rule XIV, cL 1, which differs materially from this provi-
sion of the parliamentary law. The Speaker, moreover, calls the Mem-
ber, not by name, but as "the gentleman from ," naming the
State. As long ago as 1832, at least, a Member was not required to
rise from his own seat (V, 4979, footnote) .
$ 355. conditions When a Member stands up to speak,
no question is to be put, but he is to be
heard unless the House overrule him.
**! of the House. 4 Grey, 890; 5 Grey, 6, 148.
In the House of Representatives no question is put as to the right of
a Member to the floor, unless he be called to order and dealt with by
the House under Rule XIV, cl. 4, 5.
If two or more rise to speak nearly together, the
R9KC _ Speaker determines who was first up,
§ ooo. liie •*• x '
parliamentary and calls him by name, whereupon he
i^^iaonby proceeds, unless he voluntarily sits
the speaker. down and gives way to the other. But
sometimes the House does not acquiesce in the
Speaker's decision, in which case the question is put,
"which Member was first up?" 2 Hats., 76; Scob.,
7; D'Ewes, 434, col 1,2.
In the Senate of the United States the President's
decision is without appeal.
In the House of Representatives recognition by the Chair is gov-
erned by Rule XIV, cl. 2, and the practice thereunder. There has
been no appeal from a decision by the Speaker on a question of recog-
nition since 1881 (II, 1425-1428) and in the later practice no appeal
is permitted (VIII, 2429, 2646, 2762).
[159]
JEFFERSON'S MANUAL
}§ 357, 358.
No man may speak more than once on the same bill
on the same day; or even on another
LfM^teto day* if the debate be adjourned. But
be heard a second jf ft be rea(j more than once in the same
day, he may speak once at every
reading. Co., IS, 115; Hakew., 148; Scob., 58; 2
Hats., 76. Even a change of opinion does not give
a right to be heard a second time. Smyth's Comw.
L., 2, c. 3; Ar can. Parl., 17.
But he may be permitted to speak again to clear a
matter of fact, 3 Grey, 857, 416; or merely to explain
himself, 9 Hats., 73, in some material part of his
speech, /&., 75; or to the manner or words of the
question, keeping himself to that only, and not trav-
eling into the merits of it, Memorials in Hakew., 29;
or to the orders of the House, if they be transgressed,
keeping within that line, and not falling into the
matter itself. Mem. Hakew., 30, 31.
The House of Representatives has modified the parliamentary law
as to a Member's right to speak a second time by Rule XIV, cl. 3, 6.
But in practice the rule is not, ordinarily, enforced rigidly and Members
find little difficulty in making explanations such as are contemplated
by the parliamentary law.
But if the Speaker rise to speak, the Member
* «o « ^ standing up ought to sit down, that he
S 358. Farticipa- •»/••*••
tion of the speaker may be first heard. Town., col. 205;
Hale Parl, 133; Mem. in Hakew., 30,
81. Nevertheless, though the Speaker may of right
speak to matters of order, and be first heard, he is
restrained from speaking on any other subject,
[160]
i§ 359, 360.
except where the House have occasion for facts
within his knowledge; then he may, with their leave,
state the matter of fact. 3 Grey, 88.
This provision is usually observed in the practice of the House, so
far as the conduct of the Speaker in the chair is concerned. In several
instances the Speaker has been permitted by the House to make a state-
ment from the chair, as in a case wherein his past conduct had been
criticised (II, 1369), and in a case wherein there had been unusual
occurrences in the joint meeting to count the electoral vote (II, 1372),
and in a matter relating to a contest for the seat of the Speaker as a
Member (II, 1360). In rare instances the Speaker has made brief
explanations from the chair without asking the assent of the House
(II, 1373, 1374). Speakers have called others to the chair and par-
ticipated in debate, usually without asking consent of the House (II,
1360, 1367, footnote, 1368, 1371 ; III, 1950) , and in one case a Speaker on
the floor debated a point of order which the Speaker pro tempore was
to decide (V, 6097) . In rare instances Speakers have left the chair to
make motions on the floor (II, 1367, footnote) . According to a former
custom, now fallen into disuse, Speakers participated freely in debate
in Committee of the Whole (II, 1367, footnote).
No one is to speak impertinently or beside the
question, superfluous, or tediously.
5 359 Impertinent,
Scob., 81, 83; 2 Hats., 166, 168; Hale
The House, by Rule XIV, cl. 1, provides that the Member shall
address himself to the question under debate, but neither by rule nor
practice has the House ever suppressed superfluous or tedious speaking,
its hour rule (XIV, cl. 2) being a sufficient safeguard in this respect.
No person is to use indecent language against the
proceedings of the House; no prior de-
§ 360. Language f . & i • i • , T_ n xJ
reflecting on the termination of which is to be reflected
House" on by any Member, unless he means to
conclude with a motion to rescind it. 2 Hats., 169,
170; Rushw., p. 3, v. 1, fol. 42. But while a proposi-
[161]
JEFFERSON'S MANUAL
§36L
tion under consideration is still in fieri, though it has
even been reported by a committee, reflections on it
are no reflections on the House. 9 Grey, SOS.
In the practice of the House of Representatives it lias been held out of
order in debate to cast reflections on either the House or its membership
or its decisions, whether present or past (V, 5132-5138). A Member
who had used offensive words against the character of the House, and
who declined to explain, was censured (II, 1247). Words impeaching
the loyalty of a portion of the membership have also been ruled out
(V, 5139). Where a Member reiterated on the floor certain published
charges against the House, action was taken, although other business
had intervened, the question being considered one of privilege (III,
2637). It is not in order in debate to refer to the proceedings of a com-
mittee except such as have been formally reported to the House (V,
5080-5083; VHI, 2269, 2485-2493; June 24, 1958, p. 12120, 12122),
but this rule does not apply to the proceedings of a committee of a
previous Congress (Chairman Hay, Feb. 2, 1914, p. 2782).
No person, in speaking, is to mention a Member
..„ „ . then present by his name, but to de-
§ 361. Personalities r J >
in debate scribe him by his seat in the House, or
who spoke last, or on the other side of
the question, &c., Mem. in Hakew., 8; Smyth's
Comw.j L. 2, c. 3; nor to digress from the matter to
fall upon the person, Scob., 31; Hale ParL, 183; 2
Hats., 166, by speaking reviling, nipping, or unman-
nerly words against a particular Member. Smyth's
Comw., L. &,c.S. * * *
In the practice of the House a Member is not permitted to refer to
another by name (V, 5144; VIII, 2526, 2529, 2536), or to address him
in the second person (V, 5140-5143; VI, 600; VIII, 2529) instead of as
"the gentleman from ," naming the State. By rule of the
House (Rule XIV, cl. 1), as well as by the parliamentary law, per-
sonalities are forbidden (V, 4979, 5145, 5163, 5169), whether against
the Member in his capacity as Representative or otherwise (V, 5152,
5153). But a distinction has been drawn between charges made by
[162]
JEFFERSON'S MANUAL
§§ 362-364.
one Member against another in a newspaper and the same made in
debate on the floor (III, 2691). Questions have arisen sometimes
involving a distinction between general language and personalities
(V, 5153, 5163, 5169). A denunciation of the spirit in which a Mem-
ber had spoken was held out of order as a personality (V, 6981). The
House has censured a Member for gross personalities (II, 1251).
Complaint of the conduct of the Speaker should be presented directly
for the action of the House and not by way of debate
OD other matters (V, 5188)- In a case wherein a
Member used words insulting to the Speaker the
House on a subsequent day, and after other business had intervened,
censured the offender (II, 1248). In such a case the Speaker would
ordinarily leave the chair while action should be taken by the House
(II, 1366; V, 5188; VI, 565).
* * * The consequences of a measure may be
reprobated in strong terms: but to ar-
§ 363. Motives of ^ ° 7
Members not to raign the motives of those who propose
be arraigned. ^ advocate it is a personality, and
against order. Qui digreditur a materia ad personam,
Mr. Speaker ought to suppress. Ord. Com., 1604,
Apr. 19.
The arraignment of the motives of Members is not permitted (V,
5147-5151), and the Speakers have intervened to prevent it, in the
earlier practice preventing even the mildest imputations (V, 5161,
5162). While in debate the assertion of one Member may be declared
untrue by another, yet in so doing an intentional misrepresentation
must not be implied (V, 5157-5160), and if stated or implied is censur-
able (II, 1305) and presents a question of privilege (III, 2717; VI,
607). A Member in debate having declared the words of another "a
base lie," censure was inflicted by the House on the offender (II, 1249).
No one is to disturb another in his speech by hissing,
§364 Disorder coughing, spitting, 6 Grey, 822; Scob.,
and intentions 5; D'Ewes, 382, col. 1, 640 , col. 2, speak-
durmg debate. whispering to another, Scob. 6;
D'Ewes, 487) col. 1; not stand up to interrupt him,
[163]
JEFFERSON'S MANUAL
§365.
Town, col. 205; Mem. in Hakew., SI; nor to pass be-
tween the Speaker and the speaking Member, nor to
go across the House, Scob., 6, or to walk up and
down it, or to take books or papers from the table,
or write there, 1 Hats., 171.
The House of Representatives has by Rule XIV, cl. 7, prescribed
certain rules of decorum differing somewhat from this provision of the
parliamentary law, but supplemental to it rather than antagonistic.
In one respect, however, the practice of the House differs from the
apparent intent of the parliamentary law. In the House a Member
may interrupt by addressing the Chair for permission of the Member
speaking (V, 5006; VIII, 2465) ; but it is entirely within the discretion
of the Member occupying the floor to determine when and by whom
he shall be interrupted (V, 5007, 5008; VIII, 2463, 2465).
Nevertheless, if a member finds that it is not the
§365. Pariiamen- inclination of the House to hear him,
^nS^atedions and that by conversation or any other
Member. noise they endeavor to drown his voice,
it is his most prudent way to submit to the pleasure
of the House, and sit down; for it scarcely ever hap-
pens that they are guilty of this piece of ill manners
without sufficient reason, or inattention to a Mem-
ber who says anything worth their hearing. 2 Hats.,
77, 78.
In the House of Representatives, where the previous question and
hour rule of debate have been used for many years, the parliamentary
method of supressing a tedious Member has never been imported into
the practice (V, 5445).
[164]
JEFFERSON'S MANUAL
§§ 366, 367.
If repeated calls do not produce order, the Speaker
§ see. The may ca^ by his name any Member obsti-
E^TT^bg nately persisting in irregularity; where-
a disorderly upon the House may require the Mem-
1 em r" ber to withdraw. He is then to be
heard in exculpation, and to withdraw. Then the
Speaker states the offense committed; and the House
considers the degree of punishment they will inflict.
8 Hats., 167, 7, 8, 172.
The House of Representatives, in Rule XIV, cl. 4, 5, has made a
provision which supersedes this provision of the parliamentary law.
For instances of assaults and affrays in the House
r ^ ,. of Commons, and the proceedings
\ Proceedings 7 ^ °
in cases of assaults thereon, see 1 Pet. Misc., 82; 8 Grey,
andaffrays. g ^^ ^ ff
254; 10 Grey, 8. Whenever warm words or an
assault have passed between Members, the House,
for the protection of their Members, requires them to
declare in their places not to prosecute any quarrel,
3 Grey, 128, 293; 5 Grey, 280; or orders them to
attend the Speaker, who is to accommodate their
differences, and report to the House, 3 Grey, 419;
and they are put under restraint if they refuse, or
until they do. 9 Grey, 234, 312.
In several instances assaults and affrays have occurred on the floor
of the House of Representatives. Sometimes the House has allowed
these affairs to pass without notice, the Members concerned making
apologies either personally or through other Members (II, 1658-1662).
In other cases the House has exacted apologies (II, 1646-1651, 1657),
or required the offending Members to pledge themselves before the
62581 °— H. Doc. 459, 86-2 - 12 [165]
JEFFERSON'S
5868.
House to keep the peace (II, 1643). In case of an aggravated assault
by one Member on another on the portico of the Capitol for words
spoken in debate, the House censured the assailant and three other
Members who had been present, armed, to prevent interference (II,
1655, 1656). Assaults or affrays in Committee of the Whole are dealt
with'by the House (II, 1648-1651).
Disorderly words are not to be noticed till the
5368.p«riiamen- Member has finished his speech. 5
6 ®rey> 60-
son objecting to them, and desiring
them to be taken down by the Clerk at the table,
must repeat them. The Speaker then may direct
the Clerk to take them down in his minutes; but if
he thinks them not disorderly, he delays the direc-
tion. If the call becomes pretty general, he orders
the Clerk to take them down, as stated by the ob-
jecting Member. They are then a part of his min-
utes, and when read to the offending Member, he
may deny they were his words, and the House must
then decide by a question whether they are his words
or not. Then the Member may justify them, or ex-
plain the sense in which he used them, or apologize.
If the House is satisfied, no further proceeding is
necessary. But if two Members still insist to take
the sense of the House, the Member must withdraw
before that question is stated, and then the sense of
the House is to be taken. 2 Hats., 199; 4 Grey, 170;
6 Grey, 59. When any Member has spoken, or other
business intervened, after offensive words spoken,
they can not be taken notice of for censure. And
[166]
JEFFERSON'S MANUAL
§§ 369, 370.
this is for the common security of all, and to prevent
mistakes which must happen if words are not taken
down immediately. Formerly they might be taken
down at any time the same day. 2 Hats., 196; Mem.
in Hakew., 71; 5 Grey, 48; 9 Grey, 514.
The House of Representatives has, by Rule XIV, cl. 4, 5, provided a
method of procedure in cases of disorderly words. The House permits
and requires them to be noticed as soon as uttered, and has not insisted
that the offending Member withdraw while the House is deciding as to
its course of action.
Disorderly words spoken in a committee must be
§369. Disorderly written down as in the House: but the
words taken down . '
and reported from coTYimittee can only report them to the
whoteUtee°ftlie House for animadversion. 6 Grey, 4.6.
This provision of the parliamentary law has been applied to the Com-
mittee of the Whole rather than to select or standing committees. The
House has censured a Member for disorderly words spoken in Com-
mittee of the Whole and reported therefrom (II, 1259).
In Parliament, to speak irreverently or seditiously
against the King, is against order.
§ 370. References in
debate to the Smyth' s Comw., L. 2, c. 8; 2 Hats.,
Executive.
This provision of the parliamentary law is manifestly inapplicable
to the House of Representatives (V, 5086) ; and it has been held in
order in debate to refer to the President of the United States or his
opinions, either with approval or criticism, provided that such reference
be relevant to the subject under discussion and otherwise conformable
to the rules of the House (V. 5087-5091; VIII, 2500). Also a reference
to the probable action of the President was held in order (V, 5092).
In debating a proposition to impeach the President a wide latitude was
permitted to a Member in preferring charges (V, 5093), but he was
required to abstain from language personally offensive (V, 5094), and
personal abuse, innuendo or ridicule of the President is not permitted
(VIII, 2497). On January 27, 1909 (VIII, 2497), the House adopted
[167]
JEFFERSON'S MANUAL
§371.
a report of a committee appointed to investigate the question, which
report in part stated:
"The freedom of speech in debate in the House of Representatives
should never be denied or abridged, but freedom of speech in debate
does not mean license to indulge in personal abuse or ridicule. The
right of Members of the two Houses of Congress to criticize the official
acts of the President and other executive officers is beyond question,
but this right is subject to proper rules requiring decorum in debate.
Such right of criticism is inherent upon legislative authority. The
right to legislate involves the right to consider conditions as they are
and to contrast present conditions with those of the past or those
desired in the future. The right to correct abuses by legislation
carries the right to consider and discuss abuses which exist or which are
feared.
"It is, however, the duty of the House to require its Members in
speech or debate to preserve that proper restraint which will permit the
House to conduct its business in an orderly manner and without unnec-
essarily and undxily exciting animosity among its Members or antagon-
ism from those other branches of the Government with which the
House is correlated."
It is a breach of order in debate to notice what
5371. Debate and ^as keen said on the same subject in
proceedings in the the other House, or the particular votes
other House not to . . ' x
be noticed in or majorities on it there; because the
opinion of each House should be left
to its own independency, not to be influenced by
the proceedings of the other; and the quoting them
might beget reflections leading to a misunderstand-
ing between the two Houses. 8 Grey, 22.
This rule of the parliamentary law is in use in the House of Repre-
sentatives to the full extent of its provisions, and it has always been
held a breach of order to refer to debates or votes on the same subject
in the other House (V, 5095-5097; VIII, 2504, 2505), or to the action or
probable action of the other House (V, 5101-5105; VIII, 2515), or to its
methods of procedure, as bearing on the course to be taken on a pending
matter (V, 5100). In one instance the Senate declined to have read
[168]
JEFFERSON'S MANUAL
§§ 372, 373.
from the Congressional Record the proceedings of the House, even as
the basis of a question of order relating to the rights of the Senate
(V, 6406). It is, however, permissible to refer to proceedings in the
other House generally, provided the reference does not contravene the
principles of the rule (V, 5098, 5099, 5107-5111); but a Member may
not, in debate, in the House, read the record of speeches and votes of
Senators in such connection of comment or criticism as might be ex-
pected to lead to recriminations (V, 5107-5111; VIII, 2501, 2506), and
it was even held out of order to criticize words spoken in the Senate by
one not a Member of that body in the course of an impeachment trial
(V, 5106). But a Member of the House was permitted to read, in
debate, a speech made in the Senate by one no longer a member of
that body (V, 5113), and in another case the personal views of a
Senator, not uttered in the Senate, were referred to in the House
(V, 5112).
While the Senate may be referred to properly in debate, it is not in
§ 372. The other order to discuss its functions or criticize its acts
House and its (V, 511^-5120) , or refer to a Senator in terms of per-
Members not to be SOnal criticism (V, 5121, 5122; VIII, 2518, 2521)
critfeed in debate. even anonomousiy (vm, 2512), or even for purpose
of complimenting (VIII, 2509), or read a paper making such criticism
(V, 5127) ; and the inhibition extends to comment on actions outside the
Senate (VIII, 2515), and after examination by a committee a speech
reflecting on the character of the Senate was ordered to be stricken
from the Record, on the ground that it tended to create "unfriendly
conditions between the two bodies * * * obstructive of wise
legislation and little short of a public calamity" (V, 5129). But
where a Member has been assailed in the Senate, he has been permitted
to explain his own conduct and motives, without bringing the whole
controversy into discussion or assailing the Senator (V, 5123-5126).
Propositions relating to breaches of these principles have been enter-
tained as of privilege (V, 5129, 6980).
Neither House can exercise any authority over a
§373. complaint by Member or officer of the other, but
™c?£TMen£r should complain to the House of which
of the other. ^ j^ an(j[ leave the punishment to them.
In a notable instance, wherein a Member of the House had assaulted a
Senator in the Senate Chamber for words spoken in debate, the Senate
[169]
JEFFERSON'S MANUAL
$§374375.
examined the breach of privilege and transmitted its report to the
House which punished the Member (II, 1622). A Senator having
assailed a House Member in debate, the House messaged to the Sen-
ate a resolution declaring the language a breach of privilege and re-
quested the Senate to take appropriate action (September 27, 1951, p.
12270). The Senator subsequently asked unanimous consent to correct
his remarks in the permanent Congressional Record, but objection
was raised (September 28, 1951, p. 12383) . But where certain Members
of the House, in a published letter, sought to influence the vote of a
Senator in an impeachment trail, the House declined to consider the
matter as a breach of privilege (III, 2657).
* * * Where the complaint is of words disre-
§374. Duty of the spectfully spoken by a Member of an-
speaker to prevent other House, it is difficult to obtain pun-
l^^ltheoih*~ ishment, because of the rules supposed
House. necessary to be observed (as to the
immediate noting down of words) for the security of
Members. Therefore it is the duty of the House,
and more particularly of the Speaker, to interfere
immediately, and not to permit expressions to go
unnoticed which may give a ground of complaint to
the other House, and introduce proceedings and
mutual accusations between the two Houses, which
can hardly be terminated without difficulty and
disorder. 3 Hats. ,51.
In the House of Representatives this rule of the parliamentary law is
considered as binding on the Chair (V, 5130; VIII, 2465).
No Member may be present when a bill or any
§ 375. course of the business concerning himself is debating: *
Member when bnsi- - -n /r i -,
ness concerning nor is any Member to speak to the
himself is debating, merits of it till he withdraws. 2 Hats.,
219. The rule is that if a charge against a Member
arise out of a report of a committee, or examination
of witnesses in the House, as the Member knows from
that to what points he is to direct his exculpation, he
[170]
JEFFERSON'S
§376.
may be heard to those points before any question is
moved or stated against him. He is then to be
heard, and withdraw before any question is moved.
But if the question itself is the charge, as for breach
of order or matter arising in the debate, then the
charge must be stated (that is, the question must
be moved), himself heard, and then to withdraw.
g Hats, 121,
In 1832, during proceedings for the censure of a Member, the Speaker
informed the Member that he should retire (II, 1366) ; but this seems
to be an exceptional instance of the enforcement of the law of Parlia-
ment. In other cases, after the proposition for censure or expulsion
has been proposed, Members have been heard in debate, either as a
matter of right (II, 1286), as a matter of course (II, 1246, 1253), by
express provision (II, 1273), and in writing (II, 1273), or by unanimous
consent (II, 1275). A Member against whom a resolution of censure
was pending was asked by the Speaker if he desired to be heard (VI,
236). But a Member was not permitted to depute another Member
to speak in his behalf (II, 1273).
Where the private interests of a Member are con-
§376. Disqualifying cemed in a, bill or question he is to
personal interest of • i i AII
a Member. withdraw. And where such an interest
has appeared, his voice has been disallowed, even
after a division. In a case so contrary, not only to
the laws of decency, but to the fundamental principle
of the social compact, which denies to any man to
be a judge in his own cause, it is for the honor of the
House that this rule of immemorial observance should
be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.
In the House of Representatives it has not been usual for the Member
to withdraw when his private interests are concerned in a pending meas-
[171]
JEFFERSON'S MANUAL,
§§ 377-379.
ure, but the House has provided by rule (Rule VIII, cl. 1) that the
Member shall not vote in such a contingency. In one instance the
Senate disallowed a vote given by a Senator on a question relating to
his own right to a seat; but the House has never had occasion to
proceed so far (V, 5959).
No Member is to come into the House with his head
§377 WeariXMfof covered, nor to remove from one place
hats by Members, to another with his hat on, nor is to put
on his hat in coming in or removing, until he be set
down in his place. Scob., 6.
Until 1837 the parliamentary practice of wearing hats during the ses-
sion continued in the House; but in that year it was abolished by rule
(Rule XIV, cl. 7).
5378. Advent ^ question of order may be adjourned
of questions of to give time to look into precedents. 2
°rden Hats., 118.
The Speaker has declined, on a difficult question of order, to rule
until he had taken time for examination (III, 2725; VI, 432; VII, 2106;
VIII, 2174, 2396, 3475), but it is conceivable that a case might arise
wherein this privilege of the Chair would require approval of the
majority of the House, to prevent arbitrary obstruction of the pending
business by the Chair. On occasion, the Chair has reversed as erro-
neous decision previously made (VI, 639; VII, 849; VIII, 2794, 3435).
The law of Parliament evidently contemplates that the adjournment
of a question of order shall be controUed by the House.
§379. House's In Parliament, all decisions of the
Speaker may be controlled by the
House. 3 Grey, 319.
The House of Representatives provides for controlling decisions of the
Speaker by appeal (Rule I, cl. 4).
[172]
JEFFERSON'S MANUAL
§§380-382,
SEC. XVIII. — ORDERS OF THE HOUSE.
Of right, the door of the House ought not to be
§380 Keeping of shut? ^ut *° ke ^P* by porters, or
the doors of the Sergeants-at-Arms, assigned for that
House" purpose. Mod ten. Parl, 28.
The doors of the House of Representatives are kept by the Door-
keeper and his assistants (Rule V, cl. 1).
The only case where a Member has a right to insist
§38i. mght of the on anything, is where he calls for the
^tarflE"11* execution of a subsisting order of the
subsisting order. House. Here there having been al-
ready a resolution, any person has a right to insist
that the Speaker, or any other whose duty it is, shall
carry it into execution; and no debate or delay can be
had on it. Thus any Member has a right to have the
House or gallery cleared of strangers, an
§382. Parliamentary . & J ,
law for clearing order existing for that purpose; or to
the galleries. have the House told when there is not a
quorum present. 2 Hats., 87, 129. How far an
order of the House is binding, see Hakew., 892.
Any Member has a right at any time to demand the execution of a
rule of order of the House of Representatives, including the rule pre-
scribing the daily order of business (IV, 3058). He does this by calling
for the ' 'regular order." He may not, however, demand that the gal-
leries be cleared, as the House, in which this power resides (II, 1353),
has by rule extended the power to the Speaker (Rule I, cl. 2) and the
chairman of the Committee of the Whole (Rule XXIII, cl. 1), but not
to the individual Member.
[173]
JEFFERSON'S MANUAL
55383^85.
But where an order is made that any particular
matter be taken up on a particular day,
there a question is to be put, when it is
called for, whether the House will now
proceed to that matter? Where orders
of the day are on important or interesting matter,
they ought not to be proceeded on till an hour at which
the House is usually full [which in Senate is at noon].
The rule of the House of Representatives providing for raising the
question of consideration (Rule XVI, ol. 3) has, in connection with the
practice as to special orders, superseded this provision of the parlia-
mentary law. The House always proceeds with business at its hour of
meeting, unless prevented by a point that no quorum is present (IV,
2732).
Orders of the day may be discharged at any time,
§384. orders of the and a new one made for a different day,
The House of Representatives found the use of "Orders of the day"
as a method of disposing business impracticable as long ago as 1818,
and not long after abandoned their use (IV, 3057), although, an inter-
esting reference to them survives in Rule XXIV, cl. 1. The House
sometimes uses "Special orders," but its business proceeds regularly
by Rule XXIV.
When a session is drawing to a close and the im-
portant bills are all brought in, the
House, in order to prevent interruption
by further unimportant bills, sometimes
comes to a resolution that no new bill be brought in,
except it be sent from the other House. 8 Grey, 156.
This provision is obsolete so far as the practice of the House of
Representatives is concerned, as business goes on uninterruptedly until
the Congress expires (Rule XXVI).
[174]
JEETERSOK'S MANUAL
§5 386, 387.
All orders of the House determine with the session;
§ SSG. Effect of end ^ one taken u^61 such ^ order may ,
of the session on after the session is ended , be discharged
existing orders. 1 , ' **
especially as to on B, habeas corpus. Raym., ISO; Ja-
unprisonment. coV s L D 6y Ruffhead; Parliament,
1 Lev., 165, Pitchara's case.
The House of Representatives, by Rule XXVII and the practice
thereunder, has modified the rule of Parliament as to business pending
at the end of a session which is not at the same time the end of a
Congress. A standing order, like that providing for the hour of daily
meeting of the House, expires with a session (I, 104-109); but the
House uses few standing orders. In 1866 the House discussed its
power to imprison for a period longer than the duration of the existing
session (II, 1629), and in 1870, for assaulting a Member returning to
the House from absence on leave, Patrick Woods was committed for
a term extending beyond the adjournment of the session, but not
beyond the term of the existing House (II, 1628).
Where the Constitution authorizes each House to
§387. Jefferson's determine the rules of its proceedings,
Ititr^^tT" it must mean in those cases (legislative,
make rules. executive, or judiciary) submitted to
them by the Constitution, or in something relating to
these, and necessary toward their execution. But
orders and resolutions are sometimes entered in the
journals having no relation to these, such as accept-
ances of invitations to attend orations, to take part
in procession, etc. These must be understood to be
merely conventional among those who are willing to
participate in the ceremony, and are therefore, per-
haps, improperly placed among the records of the
House.
[175]
JEFFERSON'S MANUAL
The House of Representatives has frequently examined its constitu-
tional power to make rules, and this power has also
§388. The House's faQn discussed by the Supreme Court (V, 6755).
construction of ite^ ^ ^ been Settje(j that Congress may not by law
power to a opt es. .^terfere ^^ ^ constitutional right of a future
House to make its own rules (I, 82; V, 6765, 6766), or to determine for
itself the order of proceedings in effecting its organization (I, 242-245;
V, 6765, 6766) . It has also been determined, after long discussion and
trial by practice, that one House may not continue its rules in force
to and over its successor (I, 187, 210; V, 6002, 6743-6747). A law
passed by the existing Congress has been recognized as of binding force
in matters of procedure (II, 1341; V, 6767, 6768); but when a law
passed by a preceding Congress has assumed to lay down a rule of
procedure the House has inclined to doubt the validity of the law
(V, 6765, 6766), and in one case the Chair has denied the authority of a
law of this nature which was in conflict with a rule of the House (IV,
3579) . The theories involved in this question have been most carefully
examined and decisively determined in reference to the law of 1851,
which directs the method of procedure for the House in its constitu-
tional function of judging the elections of its Members; and it has been
determined that this law is not of absolute binding force on the House,
but rather a wholesome rule not to be departed from except for cause
(I, 597, 713, 726, 833; II, 1122).
As to the participation on occasions of ceremony, the House has
entered its orders on its journal; but it rarely attends outside the
Capitol building as a body, usually preferring that its Members go
individually (V, 7061-7064) or that it be represented by a committee
(V, 7053-7056). It has discussed, but not settled, its power to compel
a Member to accompany it without the Hall on an occasion of com-
bined business and ceremony (II, 1139).
SEC. XIX. — PETITION.
r^o'nTtr^!1 ^ Petition prays something. A re-
and memorials. monstrance has no prayer. 1 Grey, 58.
The rules of the House of Representatives make no mention of re-
monstrances, but do mention petitions and memorials (Rule XXII,
cl. 1). Resolutions of state legislatures and of primary assemblies of
the people are received as memorials (IV, 3326, 3327), but papers gen-
eral or descriptive in form may not be presented as memorials (IV,
3325).
[176]
JEFFERSON'S MANUAL
S§ 390, 391.
Petitions must be subscribed by the petitioners
.
presentation of unless they Sire attending, 1 Grey, 401
petitions. ,, , . &? 11
or unable to sign, and averred by a
member, 3 Grey, 418. But a petition not subscribed,
but which the member presenting it affirmed to be all
in the handwriting of the petitioner, and his name
written in the beginning, was on the question (March
14, 1800) received by the Senate. The averment of a
member, or of somebody without doors, that they
know the handwriting of the petitioners, is nec-
essary, if it be questioned. 6 Grey, 36. It must be
presented by a member, not by the petitioners, and
must be opened by him holding it in his hand. 10
Grey, 57.
In the House of Representatives petitions have been presented for
many years by filing with the Clerk (Rule XXII, cl. 1). Members file
them, and petitioners do not attend on the House in the sense implied
in the parliamentary law. In cases where a petition set forth serious
charges, the petitioner was required to have his signature attested by
a notary (III, 2030, footnote).
Regularly a motion for receiving it must be made
and seconded, and a question put,
§ 391. Parliamentary ; ^ JT ;
law for the reception whether it shall be received, but a cry
of petitions. from the House of "received," or even
silence, dispenses with the formality of this question.
It is then to be read at the table and disposed of.
Prior to the adoption of the provisions of Rule XXII, cl. 1, petitions
were presented from the floor by Members, and questions frequently
arose as to the reception thereof (IV, 3350-3356). But under the
present practice such procedure does not occur.
[177]
JEFFERSON'S MANUAL
§5393. 398.
SEC. XX — MOTIONS.
When a motion has been made, it is not to be put
§392. parliamentary to the question or debated until it is
SEES seconded- Scob->2L .„ , .
reading of motions. it is then, and not till then, in pos-
session of the House, and can not be withdrawn
but by leave of the House. It is to be put into writ-
ing, if the House or Speaker require it, and must be
read to the House by the Speaker as often as any
Member desires it for his information. 8 Hats., 82.
The rules of the House of Representatives (Rule XVI, cl. 1) have
long since dispensed with the requirement of a second for ordinary
motions (V, 5304). Rule XVI, cl. 2, provides further that a motion
may be withdrawn "before decision or amendment;" and cl. 1 of the
same rule provides that the motion shall be reduced to writing "on the
demand of any Member/' In the practice of the House, when a paper
on which the House is to vote has been read once, the reading may not
be required again unless the House shall order it read (V, 5260) ; but
it does not appear that this modifies the provision of the parliamentary
law that mere motions, not in the nature of amendments or documents,
shall be read as often as is desired for information.
It might be asked whether a motion for adjourn-
§393. interruptions m®^ or for ^e orders of the day can
of the Member hav- be made by one Member while another
in« the flow. k speaking? It can not. When two
Members offer to speak, he who rose first is to be
heard, and it is a breach of order in another to inter-
rupt him, unless by calling him to order if he departs
from it, And the question of order being decided,
he is still to be heard through. A call for adjourn-
ment, or for the order of the day, or for the question,
[178]
JEFFERSOBT'S MANUAL
§§ 394-396.
by gentlemen from their seats, is not a motion. No
motion can be made without rising
§ 394. Members a^d addressing the Chair. Such calls
required to rise to
make morons, caii are themselves breaches of order, which,
SLta^ete.0 though the Member who has risen may
respect, as an expression of impatience
of the House against further debate, yet, if he chooses,
he has a right to go on.
The practice of the House of Representatives has modified the prin-
ciple that the Member who rises first is to be recognized (Rule XIV,
cl. 2) ; but in other respects the principles of this paragraph of the law
of Parliament are in force.
When the House commands, it is by an "order."
i MS order. and ^u* ^^ principles, and their own
resolutions of the opinions and purposes, are expressed
Houfle' in the form of resolutions.
A resolution for an allowance of money to the
clerks being moved, it was objected to as not in
order, and so ruled by the Chair; but on appeal to
the Senate (i. e., a call for their sense by the Presi-
dent, on account of doubt in his mind, according to
Rule XX, clause 2) the decision was overruled.
Jour., Senate, June 1, 1796. I presume the doubt
was, whether an allowance of money could be made
otherwise than by bill.
In the modern practice concurrent resolutions have been developed as
a means of expressing fact, principles, opinions, and
^litton^^to P^P°ses of the two Houses (II, 1566, 1567). Joint
two Houses. committees are authorized by resolutions of this
form (III, 1998, 1999), and they are used in author-
izing a correction of bills agreed to by both Houses (VII, 1042), amend-
[179]
JETTERSOK'S MANUAL
H 397, 398.
ment of enrolled bills (VII, 1041), amendment of conference reports
(VIII, 3308), requests for return of bills sent to the President (VII,
1090, 1091), providing for joint session to receive message from the
President (VIII, 3335, 3336), and fixing time for final adjournment
(VIII, 3365). A concurrent resolution is binding on neither House
until agreed to by both (IV, 3379). It is not sent to the President for
approval unless it contain a proposition of legislation, which is not
within the scope of the modern form of concurrent resolution (IV, 3484).
Another development of the modern practice is the joint resolution,
•which is a bfll so far as the processes of the Congress
liw J0int reS°IU" in relation to it are concerned (IV, 3375; VII, 1036).
With the exception of joint resolutions proposing
amendments to the Constitution (V, 7029), all these resolutions are
sent to the President for approval and have the full force of law. They
are used for what may be called the incidential, unusual, or inferior
purposes of legislating (IV, 3372), as extending the national thanks
to individuals (IV, 3370), the invitation to La Fayette to visit America
(V, 7082, footnote), the welcome to Kossuth (V, 7083), notice to a
foreign government of the abrogation of a treaty (V, 6270), declaration
of intervention in Cuba (V, 6321), correction of an error in an existing
act of legislation (IV, 3519; VII, 1092), enlargement of scope of inqui-
ries provided by law (VII, 1040), election of managers for National
Soldiers' Homes (V, 7336), special appropriations for minor and inci-
dental purposes (V, 7319). At one time they were used for purposes
of general legislation; but the two Houses finally concluded that a bill
was the proper instrumentality for this purpose (IV, 3370-3373). A
joint resolution has been changed to a bill by amendment (IV, 3374),
but in the later practice it has become impracticable to do so.
SBC. XXIII.—BILLS, LEAVE TO BRING IN
When a Member desires to bring in a bill on any
5 sea. obsolete p«>- subject, he states to the House in
visions as to intn
duction of bills.
visions as to intro- general terms the causes for doing it,
and concludes by moving for leave to
bring in a bill, entitled, &c. Leave being given,
[180]
JEFFERSON'S
§399.
on the question, a committee is appointed to prepare
and bring in the bill. The mover and seconder are
always appointed of this committee, and one or more
in addition. Hakew., 182; Scob., 40. It is to be
presented fairly written, without any erasure or
interlineation, or the Speaker may refuse it. Scob.,
41; 1 Grey, 82, 84.
This provision is obsolete, Rule XXII, cl. 1-4, providing an entirely
different method of introducing bills. The introduction of bills by
leave was gradually dropped by the practice of the House, and after
1850 the present free system of permitting Members to introduce at
will bills for printing and reference began to develop (IV, 3365) .
SEC. XXIV. — BILLS, FIRST READING.
When a bill is first presented, the Clerk reads it at
§ 399. obsolete the table, and hands it to the Speaker,
who, rising, states to the House the
title of the bill; that this is the first
time of reading it; and the question will be, whether
it shall be read a second time? then sitting down
to give an opening for objections. If none be made,
he rises again, and puts the question, whether it
shall be read a second time? Hakew., 137, 141- A
bill cannot be amended on the first reading, 6 Grey,
286; nor is it usual for it to be opposed then, but it
may be done, and rejected. D'Ewes, 335, col. 1;
3 Hats., 198.
This provision is obsolete, the practice under Rule XXI, cl. 1, now
governing the procedure of the House of Representatives.
62581°— H. Doc. 459, 86-2 13 [181]
JEFFERSON'S MANUAL
{§400,401.
SEC. XXV. — BILLS, SECOND BEADING.
The second reading must regularly be on another
day. Hakew., 14$> It is done by the
Clerk at the table, who then hands it
to the Speaker. The Speaker, rising,
readin*" states to the House the title of the
bill; that this is the second time of reading it; and
that the question will be, whether it shall be com-
mitted, or engrossed and read a third time? But if
the bill came from the other House, as it always
comes engrossed, he states that the question will be,
whether it shall be read a third time? and before he
has so reported the state of the bill, no one is to
speak to it. Hakew., 143, 146.
In the Senate of the United States, the President
reports the title of the bill; that this is the second
time of reading it; that it is now to be considered
as in a Committee of the Whole; and the question
will be, whether it shall be read a third time? or that
it may be referred to a special committee?
The provisions of this paragraph are to a large extent obsolete so
far as the House of Representatives is concerned, the practice under
Rule XXI, cl. 1, now governing.
SEC. XXVI.— BILLS, COMMITMENT.
If on motion and question it be decided that the
kill s^a^ ^e committed, it may then be
(largely moved to be referred to Committee of
Obsolete) as to
reference of bais to the Whole House, or to a special com-
mittee. If the latter, the Speaker
[182]
JEFFERSON'S
§402.
proceeds to name the committee. Any member also
may name a single person, and Clerk is to write him
down as of the committee. But the House have a
controlling power over the names and number, if a
question be moved against any one; and may in any
case put iii and put put whom they please.
This paragraph is to a large extent obsolete under the rules and
practice of the House of Representatives. Bills are referred in the
first instance by the Speaker to standing committees as prescribed by
the rules (Rules XI and XXII), and references to the Committee of
the Whole are also made in the first instance under direction of the
Speaker (Rule XIII, cl. 2). Reference of a matter under consideration
is made by a motion to refer which specifies the committee and may
provide for a select committee of a specified number of persons (IV,
4402). But such committee is appointed only by the Speaker (Rule
X, § 671).
House of Representatives Rule XVII provides that the Speaker may
entertain a motion to commit with or without instructions to a standing
committee.
Those who take exceptions to some particulars in
§ 402. obsolete the bill are to be of the committee, but
^tf^To? none who speak directly against the
committees. body of the bill; for he that would
totally destroy will not amend it, Hakew.} 146;
Town., col, 208; D'Ewes, 634, col %; Scob., 47; or
as is said, 5 Grey, 145, the child is not to be put to a
nurse that cares not for it, 6 Grey, 873. It is there-
fore a constant rule "that no man is to be employed
in any matter who has declared himself against it."
And when any member who is against the bill hears
himself named of its committee he ought to ask to
be excused. Thus, March 7, 1806, Mr. Hadley was,
[183]
JEFFERSON'S
on the question being put, excused from being of a
committee, declaring himself to be against the matter
itself. Scab., 46.
This provision is entirely inapplicable in the House of Representa-
tives, where the standing committees with majority and minority
representation (IV, 4467, 4477, footnote, 4478) consider most of the
bills. And in the infrequent occasions when a select committee is
appointed the minority party is always represented in the membership.
The Clerk may deliver the bill to any member of
5 403. Delivery of the committee, Town, col 138; but it
bins to committees. is usual to deliver it to him who is first
named.
Where committees have clerks and rooms, the bills are delivered to
the clerk in the room.
In some cases the House has ordered a committee
to withdraw immediately into the com-
r order- mittee chamber and act on and bring
back the bill, sitting the House. Scob.,
back a bill. /g * * *
This procedure is never followed in the House of Representatives, as
the order of business leaves no place for such an order, except it be
offered by unanimous consent.
When a bill is under consideration, however, the House may on
motion commit it with instructions to report
"forthwith" with certain specified amendment
r^tTorthwKhT (Vf 5548, 5549), in which case the chairman of the
committee reports at once without awaiting action
of the committee (V, 5545-5547; VIII, 2730, 2732) and the bill is in
order for immediate consideration (V, 5550; VIII, 2735).
The motion to discharge a committee from the consideration of an
ordinary legislative proposition is not privileged un-
der the rules (IV, 3533, 4693; VIII, 2316), but where
a matter involves a question of privilege (III, 2585,
2709; VIII, 2316), or is privileged under the rule relating to resolutions
[184]
JEFFERSON'S
S§ 407, 408.
of Inquiry (Rule XXII, cl. 5; III, 1871; IV, 4695) the motion to dis-
charge is admitted. The motion is not debatable (III, 1868; IV, 4695),
except under clause 4, Rule XXVII, and may be laid on the table
(V, 5407; VI, 415), but the question of consideration may not be
demanded against it (V, 4977).
* * * A committee meet when and where they
&^r TVT « „ please, if the House has not ordered
§ 4U7. JYieetiiigs ^
and action of time and place for them, 6 Grey, 870;
comml*tees' but they can only act when together,
and not by separate consultation and consent —
nothing being the report of the committee but what
has been agreed to in committee actually assembled.
In the House of Representatives the standing committees usually
meet in their committee rooms, but there is no rule requiring them to
meet there, and in the absence of direction by the House, committees
designate the time and place of their meetings (VIII, 2214).
Standing committees (except the Committee on Appropriations) fix
regular weekly, biweekly, or monthly meeting days for the transaction
of business, and additional meetings may be called by the chairman
as he may deem necessary (§ 734). Where a committee has a fixed
date of meeting, a quorum of the committee may convene on such
date without call of the Chairman and transact business regardless of
his absence (VIII, 2214). A committee meeting being adjourned by
the chairman for lack of a quorum, a majority of the members of the
committee may not, without the consent of the chairman, call a meet-
ing of the committee on the same day (VIII, 2213) .
The House has adhered to the principle that a report must be author-
ized by a committee acting together, and a paper
5 408. Authoriza- signed by a majority of the committee acting sep-
^[«^rtS°f arately was ruled out (IV, 4584; VIII, 2210-2212,
2220; see also § 735), It is the duty of the chair-
man of each committee to report or cause to be reported promptly
any measure approved by his committee and to take or cause to be
taken necessary steps to bring the matter to a vote (§ 735) . Author-
ity of a committee directing its Chairman to use all parliamentary
means to bring a bill before the House was held to include the right to
call up the bill on Calendar Wednesday (VIII, 2217). Clause 26 (d)
[185]
JEITERSON'S MANUAL
§409.
of Rule XI, requiring the chairman of each committee to report or
cause to be reported promptly measures approved by his committee
and to take such necessary steps to bring the matter to a vote, is
sufficient authority for the chairman to call up a bill on Calendar
Wednesday (Speaker Rayburn Feb. 22, 1950, p. 2161). No measure
or recommendation shall be reported from any committee unless a
majority of the committee were actually present (§ 735). A report is
sometimes authorized by less than a majority of the whole committee,
some members being silent or absent (II, 985, 986) . In a rare instance
a majority of a committee agreed to a report, but disagreed on the
facts necessary to sustain the report (I, 819). It is not uncommon for
a committee to find itself unable to agree to a positive recommendation,
being equally divided, in which case it may report the fact to the
House (I, 347: IV, 4665, 4666), sometimes with evidence and majority
and minority views (III, 2403), with minority views alone (II, 945),
or with propositions representing the opposing contentions (III, 2497;
IV, 4664) . It is not essential that the report of a committee be signed
(II, 1274; VIII, 2229), but the minority views are signed by those
concurring in them (IV, 4671; VIII, 2229) . In case where a majority
of a committee signed a report it was held valid, although a necessary
one of that majority did not concur in all the statements (IV, 4587) .
If a report is actually sustained by the majority of a committee, it is
not impeached by the fact that a less number sign it (II, 1091), or by
the fact that later by the action of absentees more than a majority of
the whole committee are found to have signed minority views (IV,
4585). Objection being made that a report had not been authorized
by a committee and there being doubt as to the validity of the author-
ization, the question as to the reception of the report is submitted to
the House (IV, 4588-4591) . But where the Speaker is satisfied of the
validity or of the invalidity of the authorization he may decide the
question (IV, 4584, 4592, 4593; VIII, 2211, 2212, 2222-2224).. And
in a case wherein it was shown that a majority of a committee had
met and authorized a report he did not heed the fact that the meeting
was not regularly called (IV, 4594) . A bill improperly reported is not
entitled to its place on the calendar (IV, 3117); but the validity of a
report may not be questioned after the House has voted to consider it
(IV, 4598), or after actual consideration has begun (IV, 4599; VIII,
2223, 2225).
5 409. The A majority of the committee consti-
« 8™di°iT "eiec* tutes a quorum for business. Elsynge's
committee. Method of Passing Bills, 11.
No measure or recommendation shall be reported from any com-
mittee unless a majority of the committee were actually present (§ 735) .
[186]
JEFFEBSON'S MANUAL
§§ 410-412.
Each committee may fix the number of its members, but not less
than two, to constitute a quorum for taking testimony and receiving
evidence (§ 735).
A quorum of a committee may transact business and a majority of
the quorum, even though it be a minority of the whole committee, may
authorize a report (IV, 4586), but an actual quorum of a committee
must be present to make action taken valid (VIII, 2212, 2222), unless
the House authorizes less than a quorum to act (IV, 4553, 4554).
A quorum of a committee must be present when alleged perjurious
testimony is given in order to support a charge of perjury (Christoffel
v. U. S., 338 U. S., 84; U. S. v. Bryan, 339 U. S., 323;.
Any Member of the House may be present at any
$ 410. presence select committee, but can not vote, and
the^eSf must give place to all of the commit-
seiect committee. faej an(j gft below them. Elsyuge, 12;
Scob., 49.
It does not appear that the relations of this provision to the principle
that a committee may conduct its proceedings in secret (IV, 4557-4564)
has been determined in the House of Representatives.
The committee have full power over the bill or
§ 411. power of other paper committed to them, except
r that they can not change the title or
subject. 8 Grey, 228.
In the House of Representatives committees may recommend amend-
ments to the body of a bill or to the title but may not otherwise change
the text.
The paper before a committee, whether select or of
§ 4i2. pariiamen- ^e whole, may be a bill, resolutions,
tary law governing draught of an address, &c., and it may
consideration of ' . - .. • T i i
bills, etc., in either originate with them or be re-
committees. f erred to them. In every case the whole
paper is read first by the Clerk, and then by the chair-
man, by paragraphs, Scot., 49, pausing at the end of
ea,ch paragraph, and putting questions for amend-
ing, if proposed. In the case of resolutions or dis-
tinct subjects, originating with themselves, a question
[187]
JEFFERSON'S MANUAL
His.
is put on each separately, as amended or unamended,
and no final question on the whole, S Hats., 276; but
if they relate to the same subject, a question is put
on the whole. If it be a bill, draught of an address,
or other paper originating with them, they proceed
by paragraphs, putting questions for amending,
either by insertion or striking out, if proposed; but
no question on agreeing to the paragraphs sepa-
rately; this is reserved to the close, when a question
is put on the whole, for agreeing to it as amended or
unamended. But if it be a paper referred to them,
they proceed to put questions of amendment, if pro-
posed, but no final question on the whole; because
all parts of the paper, having been adopted by the
House, stand, of course, unless altered or struck out
by a vote. Even if they are opposed to the whole
paper, and think it can not be made good by amend-
ments, they can not reject it, but must report it back
to the House without amendments, and there make
their opposition.
In the House of Representatives it has generally been held that a
select or standing committee may not report a bill whereof the subject-
matter has not been referred to them (IV, 4355-4360) . In the older
practice the Committee of the Whole originated resolutions and bills
(IV, 4705) ; but the later development of the rules governing the order
of business would prevent the offering of a motion to go into Committee
of the Whole for such a purpose, except by unanimous consent.
The natural order in considering and amending
\ 4«. order of any PaPer is> to begin at the beginning,
anc* Procee(* through it by paragraphs;
and this order is so strictly adhered to
[188]
JEFFERSON'S MANTJAX.
§414.
in Parliament, that when a latter part has been
amended, you can not recur back and make any alter-
ation in a former part. 8 Hats., 90. In numerous
assemblies this restraint is doubtless important. But
in the Senate of the United States, though in the
main we consider and amend the paragraphs in their
natural order, yet recurrences are indulged; and they
seem, on the whole, in that small body, to produce
advantages over weighing their inconveniencies.
In the House of Representatives amendments to paragraphs or
sections are made in Committee of the Whole under Rule XXIII, cl. 5.
In the House itself amendments to House bills are made pending the
engrossment and third reading (IV, 3392; V, 5781; VII, 1051), and to
Senate bills before the third reading (IV, 3393). Amendments are
offered to any part of the bill, without proceeding consecutively with
the several paragraphs or sections (IV, 3392). In Committee of the
Whole the procedure is different.
To this natural order of beginning at the beginning
§ 414. Preamble there IS a SHlgle exception fOUnd U1 par-
amended after liamentary usage. When a bill is taken
the body of the ./ o
mi has been up in committee, or on its second read-
consi ere . they postpone the preamble till the
other parts of the bill are gone through. The reason
is, that on consideration of the body of the bill such
alterations may therein be made as may also occasion
the alteration of the preamble. Scob.} 50; 7 Grey, 431 .
On this head the following case occurred in the
Senate, March 6, 1800: A resolution which had no
preamble having been already amended by the House
so that a few words only of the original remained in it,
a motion was made to prefix a preamble, which hav-
[189]
JEFFERSONS
1414
ing an aspect very different from the resolution, the
mover intimated that he should afterwards propose
a correspondent amendment in the body of the reso-
lution. It was objected that a preamble could not be
taken up till the body of the resolution is done with;
but the preamble was received, because we are in fact
through the body of the resolution; we have amended
that as far as amendments have been offered, and, in-
deed, till little of the original is left. It is the proper
time, therefore, to consider a preamble; and whether
the one offered be consistent with the resolution is for
the House to determine. The mover, indeed, has in-
timated that he shall offer a subsequent proposition
for the body of the resolution; but the House is not
in possession of it; it remains in his breast, and may
be withheld. The rules of the House can only operate
on what is before them. The practice of the Senate,
too, allows recurrences backward and forward for
the purpose of amendment, not permitting amend-
ments in a subsequent to preclude those in a prior
part, or e converse.
In the practice of the House of Representatives the preamble of a
bill or joint resolution is agreed to most conveniently after the engross-
ment and before the third reading (IV, 3414; V, 5469, 5470; VII,
1064), and after an amendment to the preamble has been considered
it is too late to propose amendment to the text of the bill (VII, 1065).
On the passage of a bill or joint resolution a separate vote may not be
demanded on the preamble (V, 6147, 6148) ; but where a simple resolu-
tion of the House has a preamble, the preamble may be laid on the
table without affecting the status of the accompanying resolution
(V, 5430).
[190]
JEFFERSON'S
f { 415, 416.
When the committee is through the whole, a Mem-
§ 4i5. Directions ber moves that the committee may rise,
ilESST** and the chairman report the paper to
rep°rt- the House, with or without amend-
ments, as the case may be. 2 Hats., 289, 292; Scab.,
58; 2 Hats., 290; 8 Scob., 50.
Clause 26 (d) of Rule XI provides that it shall be the duty of the
Chairman of each committee to report or cause to be reported promptly
any measure approved by his committee and to take or cause to be
taken necessary steps to bring the matter to a vote. In the House of
Representatives a committee may order its report to be made by the
chairman (IV, 4669), or by any other member of the committee (IV,
4526) , even though he be a member of the minority party (IV, 4672,
4673; VIII, 2314). Only the chairman makes report for the Com-
mittee of the Whole (V, 6987).
When a vote is once passed in a committee it can
54i«. AS to not be altered but by the House, their
^tetoerationof votes being binding on themselves,
committee. ^QQ7 ', JuUB 4.
This provision of the parliamentary law has been held to prevent
the use of the motion to reconsider in Committee of the Whole (IV,
4716-4718; VIII, 2324, 2325) but is in order in the House as in the
Committee of the Whole (VIII, 2793). The early practice seems to
have inclined against the use of the motion in a standing or select
committee (IV, 4570, 4596), but there is a precedent which authorized
the use of the motion (IV, 4570, 4596), and on June 1, 1922, the Com-
mittee on Rules rescinded previous action taken by the Committee
authorizing a report. In the later practice the motion to reconsider
is in order in the standing committees and may be made on the same
day on which the action is taken or on the next day thereafter on
which the committee convenes with a quorum present (VIII, 2213),
but a session adjourned without having secured a quorum is a dies
non and not to be counted in determining the admissibility of a
motion to reconsider (VIII, 2213). This provision does not prevent
a committee from reporting a bill similar to one previously reported
by such committee (VIII, 2311).
[191]
JEFFERSON'S MANUAL
§5417,418.
The committee may not erase, interline, or blot the
§417. Method of bill itself; but must, in a paper by
noting itself set down the amendments, stating
amendments to a t °
bill in committee, the words which are to be inserted or
omitted, Scob., SO, and where, by references to page,
line, and word of the bill. Scob., SO.
This practice is still in force as to Senate bills, of which the engrossed
copies can not be in any way interlined or altered by House committees.
But the care for the preservation of the original copies of House bills
has long since become obsolete.
SEC. XXVII. — BEPORT OF COJVO1ITTEE.
The chairman of the committee, standing in his
HIS. Pariiamen- place, informs the House that the com-
mittee to whom was referred such a
bill, have, according to order, had the
same under consideration, and have directed him to
report the same without any amendment, or with
sundry amendments (as the case may be), which he
is ready to do when the House pleases to receive it.
And he or any other may move that it be now re-
ceived; but the cry of "now, now," from the House,
generally dispenses with the formality of a motion
and question. He then reads the amendments, with
the coherence in the bill, and opens the alterations
and the reasons of the committee for such amend-
ments, until he has gone through the whole. He
then delivers it at the Clerk's table, where the
amendments reported are read by the Clerk without
the coherence; whereupon the papers lie upon the
[192]
JEFFERSON'S MANUAL
§§ 419. 420.
table till the House, at its convenience, shall take up
the report. Scob., 52; Hakew., 148.
This provision is to a large extent obsolete so far as the practice of
the House of Representatives is concerned. Most of the reports of
committees are made by filing them with the Clerk without reading
(Rule XIII, cl. 2) , and only the reports of committees having leave to
report at any tune are made by the chairman or other member of the
committee from the floor (Rule XI, § 726) . While the privileged reports
are frequently acted on when presented, yet the general rule (Rule
XIII, cl. 1) is that reports shall be placed on the calendars of the House,
there to await action under the rules for the order of business (Rule
XXIV).
The report being made, the committee is dissolved
§4w. Reports; and can act no more without a new
power. Scob. 51. But it may be re-
vived by B, vote, and the same matter
recommitted to them. 4 Grey, 361.
This provision does not apply to the Committees of the Whole as
they exist in the House of Representatives at the present time or to the
standing committees. It does apply to select committees, which ex-
pire when they report finally, but may be revived by the action of the
House in referring in open House a new matter (IV, 4404, 4405). A
select committee expires at the end of a session (IV, 4394-4399), and
this limitation applies also to joint select committees (IV, 4420).
The provision does not preclude a standing committee from reporting
a bill similar to one previously reported by such committee (VIII, 2311) .
SEC. XXVIII. BILL, EE COMMITMENT.
After a bill has been committed and reported, it
ought not, in any ordinary course, to
§ 420. Recom- m . _ .
mittaiofabnito be recommitted ; but in cases of impor-
a committee. tance, and for special reasons, it is
sometimes recommitted, and usually to the same
committee. Hakew, 151. If a report be recom-
[193]
JEFFERSON'S MANUAL.
${ 421, 422.
mitted before agreed to in the House, what has
passed in committee is of no validity; the whole
question is again before the committee, and a new
resolution must be again moved, as if nothing had
passed. 8 Hats., 181— note.
In Senate, January, 1800, the salvage bill was re-
committed three times after the commitment.
Where a matter is recommitted with, instructions the committee must
confine itself within the instructions (IV, 4404), and if the instructions
relate to a certain portion only of a bill, other portions may not be
reviewed (V, 5526). When a report has been disposed of adversely
a motion to recommit it is not in order (V, 5559) . Bills are sometimes
recommitted to the Committee of the Whole as the indirect result of
the action of the House (Rule XXIII, cl. 7; IV, 4784) or directly on
motion either with or without instructions (V, 5552, 5553) .
A particular clause of a bill may be committed
§431. Division of without the whole bill, 3 Hats., 181; or
^fe^cfto so much of a paper to one and so much
committees. ^Q another committee.
In the usage of the House before the rules provided that petitions
•hould be filed -with the Clerk instead of being referred from the floor,
it was the practice to refer a portion of a petition to one committee and
the remainder to another when the subject matter called for such
division (IV, 3359). Communications, such as the report of the
National Advisory Committee for Aeronautics (January 27, 1955,
p. 854), are sometimes divided for reference. But a bill or a joint
resolution (IV, 4376) may not be divided, although it may contain
matters properly within the jurisdiction of several committees (IV,
4372).
SEC. XXIX. — BILL, BEPOKTS TAKEN UP.
When the report of a paper originating with a com-
1422. comdem- ^tee is taken up by the House, they
oon ana ,cti<m on proceed exactly as in committee. Here,
r«p*rta. . }
as in committee, when the paragraphs
[194]
JEFFERSON'S
§428.
have, on distinct questions, been agreed to seriatim, 6
Grey, 866; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Tor-
buck's Deb., 125; 3 Hats., 348, no question needs be
put on the whole report. 5 Grey, 381.
In the House of Representatives committees usually report bills, joint
resolutions, concurrent resolutions, or simple resolutions. These come
before the House for action while the written reports accompanying
them, which are always printed, do not (IV, 4674) , and even the reading
of the reports is in order only in the time of debate (V, 5292). In rare
instances, however, committees submit merely written reports without
propositions for action. Such reports being before the House may be
debated before any specific motion has been made (V, 4987, 4988), and
are in such case read to the House (I V,4663) and after being considered
the question is taken on agreeing. In such cases the report appears in
full on the Journal (II, 1364; IV, 4675; V, 7177). When reports are
acted on in this way it has not been the practice of the House to consider
them by paragraphs, but the question has been put on the whole report
(II, 1364).
On taking up a bill reported with amendments the
423 Action b amendments only are read by the Clerk
the House on The Speaker then reads the first, and
puts it to the question, and so on till the
committees. whole are adopted or rejected, before
any other amendment be admitted, except it be an
amendment to an amendment. Elsynge's Mem., 53.
When through the amendments of the committee, the
Speaker pauses, and gives time for amendments to be
proposed in the House to the body of the bill; as he
does also if it has been reported without amendments;
putting no questions but on amendments proposed;
and when through the whole, he puts the question
whether the bill shall be read a third time?
[195]
JEFFERSON'S MANUAL
§424.
The procedure outlined by this provision of the parliamentary law
applies to bills when reported from the Committee of the Whole; but
in practice it is usual to vote on the amendments in gross. But any
Member may demand a separate vote. The principle that the commit-
tee amendments should be voted on before amendments proposed by
the House is recognized (IV, 4872-4876; V, 5773; VIII, 2862, 2863),
except when it is proposed to amend a committee amendment. The
\ Clerk reads the amendments, and the Speaker does not again read them.
' Frequently the House orders the previous question on the committee
amendments and the bill to final passage, thus preventing further
amendment. When a bill is of such nature that it does not go to Com-
mittee of the Whole, it comes before the House from the House Calen-
dar, on which it has been placed on being reported from the standing
or select committee. On being taken from the House Calendar the bill
is read through and then the amendments proposed by the committee
are read.
SEC. XXX. — QUASI-COMMITTEE.
If on motion and question the bill be not com-
§424. Procedure mitted, or if no proposition for com-
2n<£^Mteot mitment be made, then the proceedings
the whoie» fa the Senate of the United States and
in Parliament are totally different. The former shall
be first stated.
The proceeding of the Senate as in a Committee
of the Whole, or in quasi-committee, is precisely as
in a real Committee of the Whole, taking no question
but on amendments. When through the whole,
they consider the quasi-committee as risen, the
House resumed without any motion, question, or
resolution to that effect, and the President reports
that "the House, acting as in a Committee of the
[198]
JEFFERSON'S MANUAL
§425.
Whole, have had under their consideration the bill
entitled, &c., and have made sundry amendments,
which he will now report to the House. " The bill
is then before them, as it would have been if reported
from a committee, and the questions are regularly
to be put again on every amendment; which being
gone through, the President pauses to give time to
the House to propose amendments to the body of
the bill, and, when through, puts the question
whether it shall be read a third time?
In the House of Representatives procedure "in the House as in Com-
mittee of the Whole" is by unanimous consent only, as the order of
business gives no place for a motion that business be considered in this
manner (IV, 4923). In the House an order for this procedure means
merely that the bill will be read for amendment and debate under the
five-minute rule (Rule XXIII, cl. 5), without general debate (IV,
4924, 4925; VI, 639; VIII, 2431, 2432). The Speaker remains in the
chair, and when the bill has been gone through, he makes no report but
puts the question on the engrossment and third reading and on the
passage.
After progress in amending the bill in quasi-com-
§ 425 Motion to ntittee, a motion may be made to refer
refer admitted it to SL special committee. If the mo-
"In the House as . . . . . ~>
in committee of tion prevails, it is equivalent in effect to
the whole." ^e severa| votes, that the committee
rise, the House resume itself, discharge the Commit-
tee of the Whole, and refer the bill to a special com-
mittee. In that case, the amendments already made
fall. But if the motion fails, the quasi-committee
stands in status quo.
62581°— H, Doc. 459, 86-2 14 [197]
JEFFERSON'S MANUAL
5426.
How far does this XXVIIIth rule [of the Senate]
subject the House, when in quasi-com-
5 426. Motions » ,
and procedure m mittee, to the laws which regulate the
uutei^^"*66 proceedings of Committees of the
*"*" Whole? The particulars in which these
differ from proceedings in the House are the follow-
ing: L In a committee every member may speak as
often as he pleases. 2. The votes of a committee
may be rejected or altered when reported to the
House. 3. A committee, even of the whole, cannot
refer any matter to another committee. 4. In a com-
mittee no previous question can be taken; the only
means to avoid an improper discussion is to move
that the committee rise; and if it be apprehended
that the same discussion will be attempted on re-
turning into committee, the House can discharge
them, and proceed itself on the business, keeping
down the improper discussion by the previous ques-
tion. 5. A committee cannot punish a breach of
order in the House or in the gallery. 9 Grey, 113.
It can only rise and report it to the House, who may
proceed to punish. The first and second of these
peculiarities attach to the quasi-committee of the
Senate, as every day's practice proves, and it seems
to be the only ones to which the XXVIIIth rule
meant to subject them; for it continues to be a
House, and, therefore, though it acts in some respects
[198]
JEFFERSON'S MANUAL
«427.
as a committee, in others it preserves its character
as a House. Thus (3) it is in the daily habit of
referring its business to a special committee. 4. It
admits of the previous question. If it did not, it
would have no means of preventing an improper
discussion; not being able, as a committee is, to avoid
it by returning into the House, for the moment it
would resume the same subject there, the XXVIIIth
rule declares it again a quasi-committee, 5. It would
doubtless exercise its powers as a House on any
breach of order. 6. It takes a question by yea and
nay, as the House does. 7. It receives messages
from the President and the other House. 8. In the
midst of a debate it receives a motion to adjourn,
and adjourns as a House, not as a committee.
In the modern practice of the House of Representatives the rule of
§ 427 Motions Jefferson's Manual is followed to the extent that the
and procedure House, while acting "in the House as in Committee
"in the House as of the Whole" may deal with disorder, take the yeas
in Committee of anc^ nays, adjourn, refer to a committee even though
the whole. ^e reading by sections may not have begun (IV,
4931, 4932), and use the previous question (VI, 369) (which differs from
the previous question of Jefferson's time). The previous question
may not be moved on a single section of a bill (IV, 4930), but it may be
demanded on the bill while Members yet desire to offer amendments
(IV, 4926-4929; VI, 639). A motion to close debate on the pending
section is in order (IV, 4930). An amendment may be withdrawn at
any time before action has been had on it (IV, 4935) . An amendment
in the nature of a substitute is in order after consideration by sections
has been completed (IV, 4933, 4934; V, 5788) . The title also is amended
after the bill has been considered (IV, 3416).
JEFFERSON'S MANUAL
5428.
SEC. XXXI. — BILL, SECOND READING IN THE HOUSE.
In Parliament, after the bill has been read a second
time, if on the motion and question it
be not committed, or if no proposition
second time. ^ commi^ment be made, the speaker
reads it by paragraphs, pausing between each, but
putting no question but on amendments proposed;
but when through the whole, he puts the question
whether it shaU be read a third time, if it came from
the other house, or, if originating with themselves,
whether it shall be engrossed and read a third time.
The speaker reads sitting, but rises to put questions.
The clerk stands while he reads.
But the Senate of the United States is so much in
the habit of making many and material amendments
at the third reading that it has become the practice
not to engross a bill till it has passed — an irregular
and dangerous practice, because in this way the paper
which passes the Senate is not that which goes to
the other House, and that which goes to the other
House as the act of the Senate has never been seen
in the Senate. In reducing numerous, difficult, and
illegible amendments into the text the Secretary may,
with the most innocent intentions, commit errors
which can never again be corrected.
In the House of Representatives the Clerk and not the Speaker or
Chairman of the Committee of the Whole reads bills on second reading.
After the second reading, which is in full, the bill is open to amendment.
[200]
JEFFERSON'S MANUAL,
§§ 429, 430.
The bill being now as perfect as its friends can
Test of make it, this is the proper stage for
fter th°se fundamentally opposed to make
amendment. their first attack. All attempts at
earlier periods are with disjointed efforts, because
many who do not expect to be in favor of the bill ulti-
mately, are willing to let it go on to its perfect state,
to take time to examine it themselves and to hear
what can be said for it, knowing that after all they will
have sufficient opportunities of giving it their veto.
Its two last stages, therefore, are reserved for this —
that is to say, on the question whether it shall be en-
grossed and read a third time, and, lastly, whether it
shall pass. The first of these is usually the most in-
teresting contest, because then the whole subject is
new and engaging, and the minds of the Members
having not yet been declared by any trying vote the
issue is the more doubtful. In this stage, therefore,
is the main trial of strength between its friends and
opponents, and it behooves everyone to make up
his mind decisively for this question, or he loses the
main battle; and accident and management may,
and often do, prevent a successful rallying on the
next and last question, whether it shall pass.
In the House of Representatives there are two other means of testing
§ 430. Test of strength — one by raising the question of considera-
strength on a bill tion when the bill first comes up (Rule XVI, cl. 3),
before amending. an(i the other by moving to strike out the enacting
words when it is first open to amendment (Rule XXIII, cl. 7). By
these methods a,n adverse opinion may be expressed without permitting
the bill to consume the time of the House.
[201]
JEFITERSON'S MANUAL
§§431,432.
§431. indorse- When the bill is engrossed the title is
ment of the title ^o foe indorsed on the back, and not
on an engrossed '
bui. within the bill. Hakew, 250.
In the practice of the House of Representatives and the Senate the
title appears in its proper place in the engrossed bill, and also is in-
dorsed, with the number, on the back.
SEC. XXXII. — READING PAPERS.
Where papers are laid before the House or referred
to a committee every Member has a
§432.Parliamen- -1,11 xl_ J j. xi
taryiawastothe right to have them once read at the
reading of papers. table before he can be compelled to
vote on them; but it is a great though common error
to suppose that he has a right, toties quoties, to have
acts, journals, accounts, or papers on the table read
independently of the will of the House. The delay
and interruption which this might be made to pro-
duce evince the impossibility of the existence of such
a right. There is, indeed, so manifest a propriety
of permitting every Member to have as much infor-
mation as possible on every question on which he is
to vote, that when he desires the reading, if it be seen
that it is really for information and not for delay,
the Speaker directs it to be read without putting a
question, if no one objects; but if objected to, a
question must be put. 2 Hats., 117, 118.
The House, by Rule XXX, has made provision as to reading a paper
Other than that on which the House is called to give a final vote.
[202]
JEFFERSON'S MANUAL
§§433-435.
It is equally an error to suppose that any Member
§433. Papers not has a right, without a question put,
ZZZSXF to lay a book or PaPer on the table,
privilege. %&& have it read, on suggesting that it
contains matter infringing on the privileges of the
House. Ib.
For the same reason a Member has not a right to
§434. Member read a paper in his place, if it be ob-
not ai^ys jected to, without leave of the House.
privileged to read * ;
a paper in his But this rigor is never exercised but
place" where there is an intentional or gross
abuse of the time and patience of the House.
A Member has not a right even to read his own
speech, committed to writing, without leave. This
also is to prevent an abuse of time, and therefore is
not refused but where that is intended. 2 Grey, 227.
A report of a committee of the Senate on a bill
from the House of Representatives be-
ing under consideration: on motion that
the report of the committee of the
House of Representatives on the same
bill be read in the Senate, it passed in the negative.
Feb. 28, 1793.
In the House of Representatives ordinary reports are read only in
time of debate (V, 5292), and subject to the authority of the House
(V, 5293). But in a few cases, where a report does not accompany a
bill or other proposition of action, but presents facts and conclusions,
it is read to the House if acted on (II, 1364; IV, 4663).
[203]
JEFFERSON'S MANUAL
Formerly, when papers were referred to a commit-
tee, they used to be first read; but of
^ ^y ^ ^^ uniess a Member
reference. insists they shall be read, and then
nobody can oppose it. 2 Hals., 117.
In the House of Representatives under the rules petitions and com-
munications are referred through the Clerk's desk, so that there is no
opportunity for reading before reference (Rule XXII, cl. 1; Rule XXIV,
cl. 2). These rules do not apply to Presidents* messages, however.
SEC. XXXIII. — PRIVILEGED QUESTIONS.
It is no possession of a bill unless it be delivered to
the Clerk to read, or the Speaker reads
$ 437
ofabmbythe the title. Lex. Parl., 274; Elysynge
Hoasc* Mem., 85; Ord. House of Commons, 64-
It is a general rule that the question first moved
438. Theory as ^^ seco]aded shall be first put. Scob.,
to privileged ** 28, 22; 2 Hats., 81. But this rule gives
may be called privileged
questions; and the privileged questions are of differ-
ent grades among themselves.
In the House of Representatives, by rule and practice the system of
privileged motions and privileged questions has been highly developed
(Rules XI, § 726; XVI, cl. 4; XXIV, cl. 1, etc.).
A motion to adjourn simply takes place of all
§439. precedence otjl^rs; for otherwise the House might
^e kept sitting against its will, and
indefinitely. Yet this motion can not
be received after another question is actually put
and while the House is engaged in voting.
£204]
JEFFERSON'S MANUAL
§440.
The rules and practice of the House of Representatives have pre-
scribed comprehensively the privilege and status of the motion to
adjourn (Rule XVI, cl. 4) . The motion intervenes between the putting
of the question and the voting, and also between the different methods
of voting, as between a vote by division and a vote by yeas and nays, as
after the yeas and nays are ordered and before the roll call begins
(V, 5366). But after the roll call begins it may not be interrupted
(V, 6053).
Orders of the day take place of all other questions,
§440. obsolete except for adjournment — that is to say,
S^^er^ *he question which is the subject of an
orders of the day. order is made a privileged one, pro hac
vice. The order is a repeal of the general rule as to
this special case. When any Member moves, there-
fore, for the order of the day to be read, no further
debate is permitted on the question which was before
the House; for if the debate might proceed it might
continue through the day and defeat the order. This
motion, to entitle it to precedence, must be for the
orders generally, and not for any particular one;
and if it be carried on the question, "Whether the
House will now proceed to the orders of the day?"
they must be read and proceeded on in the course in
which they stand, 2 Hats., 83 '; for priority of order
gives priority of right, which can not be taken away
but by another special order.
"Orders of the day," in the technical sense, have disappeared from
the practice of the House (IV, 3057) although in one of the rules a men-
tion of them has survived (Rule XXIV, cl. 1) . "Special orders," which
are used occasionally for bringing up matters not regularly in order, are
based on a theory entirely different from that of the orders of the day,
-which were a part of the regular and daily order of business (IV, 3151) ,
[205]
JEFFERSON'S MANUAL
§§ 441-443.
After these there are other privileged questions,
H4i. Jefferson^ which will require considerable explana-
dlscussionofcer- -Hnn
tain privileged tlOn-
motions. It is proper that every parliamentary
assembly should have certain forms of questions, so
adapted as to enable them fitly to dispose of every
proposition which can be made to them. Such are:
1. The previous question. 2. To postpone indefi-
nitely. 3. To adjourn a question to a definite day.
4. To lie on the table. 5. To commit. 6. To
amend. The proper occasion for each of these ques-
tions should be understood.
The House of Representatives by Rule XVI, cl. 4, has established
the priority and other conditions of motions of this kind.
1. When a proposition is moved which it is useless
or inexpedient now to express or dis-
§ 442* Obsolete use ^ ^
of the previous cuss, the previous question has been
question. introduced for suppressing for that time
the motion and its discussion. 8 Hats., 188, 189.
The previous question of the parliamentary law has been changed by
the House of Representatives into an instrument of entirely different
use (V, 5445; Rule XVII).
2. But as the previous question gets rid of it only
5443. The motion *OT ^^ ^^ ^^ *he same proposition
to postpone may recur the next dav, if they wish to
Indefinitely. * * J
suppress it for the whole of that session,
they postpone it indefinitely. 3 Hats., 183. This
quashes the proposition for that session, as an indefi-
nite adjournment is a dissolution, or the continuance
of a suit sine die is a discontinuance of it.
[206]
MANUAL
§§ 444. 445.
As already explained, in the House of Representatives the previous
question is no longer used as a method of postponement (V, 5445).
The House uses the motion to postpone indefinitely, and in Rule XVI,
cl. 4, and the practice thereunder has defined the nature and use of
the motion,
3. When a motion is made which it will be proper
,„, „ , to act on, but information is wanted,
§444. Postpone- ' . '
menttoaday or something more pressing claims the
certain" present time, the question or debate is
adjourned to such a day within the session as will
answer the views of the House. 2 Hats., 81. And
those who have spoken before may not speak again
when the adjourned debate is resumed. & Hats.,
78. Sometimes, however, this has been abusively
used by adjourning it to a day beyond the session,
to get rid of it altogether, as would be done by an
indefinite postponement.
The House of Representatives does not use the motion to adjourn a
debate. But it accomplishes the purpose of such a procedure by the
motion to postpone to a day certain, which applies, not to a debate, but
to the bill or other proposition before the House. Of course, if a
bill which is under debate is postponed, the effect is to postpone the
debate. The conditions and use of the motion are treated under
Rule XVI, cl. 4.
4. When the House has something else which
§445. Motion to claims its present attention, but would
lay on the tawe. foe w^ng to reserve in their power to
take up a proposition whenever it shall suit them,
they order it to lie on their table. It may then be
called for at any time.
This is the use of the motion to lay on the table which is established
in the general parliamentary law, and was followed in the early practice
[207]
JEFFERSON'S MANUAL
§§ 446. 447.
of the House of Representatives. But by an interesting evolution in the
House the motion has now come to serve an entirely new purpose,
being used for the final, adverse disposition of a matter (Rule XVI, cl. 4;
V 5389). And a matter once laid on the table may be taken therefrom
only by suspension of the rules (V, 6288) or similar process, unless it
be a matter of privilege (V, 5438, 5439) such as bills vetoed by the
President (IV, 3549; V, 5439). A proposition to impeach having
been laid on the table, a similar or identical proposition may be again
brought up (III, 2049; VI, 541).
5. If the proposition will want more amendment
and digestion than the formalities of
§446. Delegation of TT -n • xl J. • ±. j^
consideration to the House will conveniently admit, they
c*mmutees- refer it to a committee.
6. But if the proposition be well digested, and may
need but few and simple amendments, and especially
if these be of leading consequence, they then proceed
to consider and amend it themselves.
In the House of Representatives it is a general rule that all business
goes to committees before receiving consideration in the House itself.
Occasionally a question of privilege or a minor matter of business is pre-
sented and considered at once by the House.
The Senate, in their practice, vary from this regu-
§ 447. Privileged lar graduation of forms. Their practice
sf «<£ comparatively with that of Parliament
Parliament. Stands
FOR THE PARLIAMENTARY: THE SENATE USES:
Postponement indefinite, Postponement to a day be-
yond the session.
Adjournment, Postponement to a day
within the session.
Lying on table, (Postponement indefinite.
iLying on the table.
JEFFEHSON'S MANUAL
§448.
In their eighth rule, therefore, which declares that
while a question is before the Senate no motion shall
be received, unless it be for the previous question, or
to postpone, commit, or amend the main question,
the term postponement must be understood accord-
ing to their broad use of it, and not in its parlia-
mentary sense. Their rule, then, establishes as privi-
leged questions the previous question, postponement,
commitment, and amendment.
The House of Representatives govern these motions by Rule XVI,
cl. 4.
But it may be asked: Have these questions any
§448. obsolete pro- privilege among themselves? or are
£teT*d£rivi- they so equal that the common prin-
ted motions. ciple of the "first moved first put
takes place among them? This will need explana-
tion. Their competitions may be as follows:
1. Previous question and postpone!
commit L ,, „ ,
, In the first, sec-
o -D . ,, • ^ ond, and third
2. Postpone and previous question j d ^ ^
commit } ~ , , -
, first member of
amend J ,, £ ,, !
0 ~ ., j . ,. \ the fourth class,
3. Commit and previous question | ., , "first
postpone
A A A A • ^
4. Amend and previous question ] Jr1
. I iDiace.
postpone) ^
commit J
[209]
JEFFERSON'S MANUAL
§449.
In the first class, where the previous question is
first moved, the effect is peculiar; for it not only
prevents the after motion to postpone or commit from
being put to question before it, but also from being
put after it; for if the previous question be decided
affirmatively, to wit, that the main question shall
now be put, it would of course be against the decision
to postpone or commit; and if it be decided nega-
tively, to wit, that the main question shall not now
be put, this puts the House out of possession of the
main question, and consequently there is nothing
before them to postpone or commit. So that neither
voting for nor against the previous question will
enable the advocates for postponing or committing
to get at their object. Whether it may be amended
shall be examined hereafter.
Rule XVI, cl. 4, of the House of Representatives renders these pro-
visions as to priority of motions obsolete. The entire change in the
character of the previous question also renders obsolete the discussion
of its relations to other motions,
Second class. If postponement be decided affirma-
§449. Genena prin- tively> the proposition is removed
cipiefl of priority from before the House, and conse-
o mo on*. quently there is no ground for the
previous question, commitment or amendment; but
if decided negatively (that it shall not be postponed),
the main question may then be suppressed by the
previous question, or may be committed, or amended.
The previous question is used now for bringing a vote on the main
question and not for suppressing it.
[210]
JEFFERSON'S MANUAL
§449.
The third class is subject to the same observations
as the second.
The fourth class. Amendment of the main ques-
tion first moved, and afterwards the previous ques-
tion, the question of amendment shall be first put.
In: present practice of the House the question on the previous question
would be put first, and being decided affirmatively would force a vote
on the amendment and then on the main question.
Amendment and postponement competing, post-
ponement is first put, as the equivalent proposition to
adjourn the main question would be in Parliament.
The reason is that the question for amendment is not
suppressed by postponing or adjourning the main
question, but remains before the House whenever the
main question is resumed; and it might be that the
occasion for other urgent business might go by, and
be lost by length of debate on the amendment, if the
House had it not in their power to postpone the whole
subject.
Amendment and commitment. The question for
committing, though last moved shall be first put; be-
cause, in truth, it facilitates and befriends the motion
to amend. Scobell is express: "On motion to amend
a bill, anyone may notwithstanding move to commit
it, and the question for commitment shall be first
put," Scab., 46.
These principles of priority of privileged motions are recognized in
the House of Representatives, and are provided for by Rule XVI, cl. 4.
[211]
JEFFERSON'S
§§ 450, 451.
We have hitherto considered the case of two or
more of the privileged questions con-
§450. Application . ., ° , , ,,
of the previous tending for privilege between them-
abte^To^d^nd selves, when both are moved on the
privileged motions, original or main question; but now let
us suppose one of them to be moved, not on the
original primary question, but on the secondary
one, e. g.:
Suppose a motion to postpone, commit, or amend
the main question, and that it be moved to suppress
that motion by putting a previous question on it.
This is not allowed, because it would embarrass
questions too much to allow them to be piled on
one another several stories high; and the same result
may be had in a more simple way — by deciding
against the postponement, commitment, or amend-
ment. X Hats., 81, 2, 3, 4-
While the general principle that one secondary or privileged motion
should not be applied to another is generally recognized in the House of
Representatives, yet the entire change in the nature of the previous
question (V, 5445) from a means of postponing a matter to a means of
compelling an immediate vote, makes obsolete the parliamentary rule.
For as the motions to postpone, commit, and amend, are all debatable,
the modern previous question of course applies to them (Rule XVII,
cl. 1).
Suppose a motion for the previous question, or
§ 45i. Motion to commitment or amendment of the main
™Scntoother question, and that it be then moved to
secondary motions, postpone the motion for the previous
question, or for commitment or amendment of the
main question. 1. It would be absurd to postpone
JEFFERSON'S MANUAL
§452.
the previous question, commitment, or amendment,
alone, and thus separate the appendage from its
principal; yet it must be postponed separately from
its original, if at all; because the eighth rule of the
Senate says that when a main question is before the
House no motion shall be received but to commit,
amend, or pre-question the original question, which
is the parliamentary doctrine also. Therefore the
motion to postpone the secondary motion for the pre-
vious question, or for committing or amending, can
not be received. 2. This is a piling of questions one
on another; which, to avoid embarrassment, is not
allowed. 3. The same result may be had more sim-
ply by voting against the previous question, commit-
ment, or amendment.
Suppose a commitment moved of a motion for the
previous question, or to postpone or amend. The
first, second, and third reasons, before stated, all hold
against this.
The principles of this paragraph are in harmony with the practice of
the House of Representatives, which provides further that a motion to
suspend the rules may not be postponed (V, 5322) .
Suppose an amendment moved to a motion for the
§452. The motion previous question. Answer: The pre-
^Mbtoto^be vious question can not be amended,
previous question. Parliamentary usage, as well as the
ninth rule of the Senate, has fixed its form to be,
"Shall the main question be now put?'7 — i. e., at this
instant; and as the present instant is but one, it can
62581°— H. Doc. 459, S6-2 15 [213]
JEFFERSON'S MANUAL
§§453,454.
admit of no modification. To change it to to-morrow,
or any other moment, is without example and without
utility. * * *
Although the nature of the previous question has entirely changed,
yet the principle of the parliamentary law applies to the new form.
* * * But suppose a motion to amend a motion
§453. Motion to for postponement, as to one day instead
amend applicable of another, or to a special instead of an
to motions to post- 3 ^
pone or refer. indefinite time. The useful character
of amendment gives it a privilege of attaching itself
to a secondary and privileged motion; that is, we
may amend a postponement of a main question. So,
we may amend a commitment of a main question, as
by adding, for example, "with instructions to in-
quire/3 &c. * * *
This principle is recognized in the practice of the House of Repre-
sentatives (V, 5521).
* * * In like manner, if an amendment be
moved to an amendment, it is admitted;
§ 454. Amendment . . ; . ;
in the third degree but it would not be admitted in another
not w order. degree, to wit, to amend an amendment
to an amendment of a main question. This would
lead to too much embarrassment. The line must be
drawn somewhere, and usage has drawn it after the
amendment to the amendment. The same result
must be sought by deciding against the amendment
to the amendment, and then moving it again as it
was wished to be amended. In this form it becomes
only an amendment to an amendment.
[214]
J'EFFERSOK'S MANUAL
§455.
This rule of the parliamentary law is considered fundamental in the
House of Representatives (Rule XIX).
[In filling a blank with a sum, the largest sum shall
§455. Fining be first put to the question, by the
£!±££to thirteenth rule of the Senate, contrary
numbers. to the rule of Parliament, which privi-
leges the smallest sum and longest time. 5 Grey, 179;
2 Hats., 8, 88; 3 Hats., 132, 133.} And this is con-
sidered to be not in the form of an amendment to the
question, but as alternative or successive originals.
In all cases of time or number, we must consider
whether the larger comprehends the lesser, as in a
question to what day a postponement shall be, the
number of a committee, amount of a fine, term of an
imprisonment, term of irredeemability of a loan, or
the terminus in quern in any other case; then the
question must begin a maximo. Or whether the
lesser includes the greater, as in questions on the
limitation of the rate of interest, on what day the
session shall be closed by adjournment, on what day
the next shall commence, when an act shall com-
mence or the terminus a quo in any other case where
the question must begin a minimo; the object being
not to begin at that extreme which, and more, being
within every man's wish, no one could negative it,
and yet, if he should vote in the affirmative, every
question for more would be precluded; but at that
extreme which would unite few, and then to advance
or recede till you get to a number which will unite a
£215]
JEFFERSON'S MANUAL
§§ 456, 457.
bare majority. 8 Grey, 876, 384, 885. "The fair
question in this case is not that to which, and more,
all will agree, but whether there shall be addition to
the question." 1 Grey, 365.
The Thirteenth Rule of the Senate has been dropped. The House of
Representatives has no rule on the subject other than this provision of
the parliamentary law. It is very rare for the House to fill blanks for
numbers. When a number is to be changed by amendment, the prac-
tice of the House permits to be pending a second number as an amend-
ment, a third as an amendment to the amendment, a fourth as a
substitute, and a fifth as an amendment to the substitute.
Another exception to the rule of priority is when a
§456. Priority of motion has been made to strike out,
ZttaTtort^ or agree to, a paragraph. Motions to
out or agree. amend it are to be put to the question
before a vote is taken on striking out or agreeing to
the whole paragraph.
In the House of Representatives the principle that a text should be
perfected before a question is taken on striking it out, and that an
amendment should be perfected before agreeing to it, is well established.
But in considering bills, even by paragraphs, the House does not agree
to the paragraphs severally; but after amending one passes to the next,
and the question on agreeing is taken only on the whole bill by the
several votes on engrossment and passage.
But thei*e are several questions which, being inci-
§457. incidental dental to every one, will take place of
every one, privileged or not; to wit, a
.
which intervene question of order arising; out of anv
during considers- ,, . , , ?.,,,-
tum of the main other question must be decided before
that question ^ Hats., 88.
[216]
JEFFERSON S MANUAL
§§ 458-460.
This principle governs the procedure of the House of Representatives,
but a question of order arising after a motion for the previous question
must be decided without debate (Rule XVII, cl. 3.)
A matter of privilege arising out of any question, or
» ™ « * from, a quarrel between two Members,
§ 458. Matters of ^ ;
privilege as inter- or any other cause, supersedes the con-
vening questions. gideration of the original question, and
must be first disposed of. 2 Hats., 88.
Rule IX of the House of Representatives and the practice there-
under, confirm and amplify the principles of this provision of the
parliamentary law.
Reading papers relative to the ques-
§459, intervention ^on before the House. This question
of questions relating ...
to reading of papers, must be put before the principal one.
2 Hats., 88.
This provision is applicable in the House of Representatives so far as
it concerns papers other than those on which the House is called on to
give a final vote. The House has treated it more fully in Rule XXX
and the practice thereunder.
Leave asked to withdraw a motion. The rule of
§460. withdrawal Parliament being that a motion made
of motions. an(j secon(je(i is in the possession of the
House, and can not be withdrawn without leave, the
very terms of the rule imply that leave may be given,
and, consequently, may be asked and put to the
question.
The House of Representatives does not vote on the withdrawal of
motions; but provides by Rules XVI, cl. 2, and XXIII, cl. 5, the condi-
tions under which a Member may of his own right withdraw a motion.
[217]
JEFFERSON'S MANUAL
§464.
Before the question "Whether the main question
shall now be put?7' any person might formerly have
spoken to the main question, because otherwise he
would be precluded from speaking to it at all. Mem.
in Hakew., 28.
The proper occasion for the previous question is
when a subject is brought forward of a delicate
nature as to high personages, &c., or the discussion of
which may call forth observations which might be of
injurious consequences. Then the previous question
is proposed, and in the modern usage the discussion
of the main question is suspended and the debate
confined to the previous question. The use of it has
been extended abusively to other cases, but in these
it has been an embarrassing procedure. Its uses
would be as well answered by other more simple
parliamentary forms, and therefore it should not be
favored, but restricted within as narrow limits as
possible.
As explained in connection with Rule XVII, the House of Representa-
tives has changed entirely the old use of the previous question (V, 5445)
Whether a main question may be amended after
the previous question on it has been
moved and seconded? * Hats., 88,
says> if *he previous question has been
moved and seconded, and also proposed
from the Chair (by which he means stated by the
Speaker for debate), it has been doubted whether an
amendment can be admitted to the main question.
[219]
JEFFERSON'S MANUAL
§464.
He thinks it may, after the previous question moved
and seconded, but not after it has been proposed from
the Chair. In this case he thinks the friends to the
amendment must vote that the main question be not
now put, and then move their amended question,
which being made new by the amendment, is no
longer the same which has been just suppressed, and
therefore may be proposed as a new one. But this
proceeding certainly endangers the main question by
dividing its friends, some of whom may choose it
unamended rather than lose it altogether, while
others of them may vote, as Hatsell advises, that the
main question be not now put, with a view to move
it again in an amended form. The enemies of the
main question, by this maneuver to the previous
question, get the enemies to the amendment added
to them on the first vote, and throw the friends of
the main question under the embarrassment of rally-
ing again as they can. To support this opinion, too,
he makes the deciding circumstance, whether an
amendment may or may not be made, to be, that
the previous question has been proposed from the
Chair. But, as the rule is that the House is in posses-
sion of a question as soon as it is moved and seconded,
it can not be more than possessed of it by its
being also proposed from the Chair. It may be
said, indeed, that the object of the previous ques-
tion being to get rid of a question, which it is
[220]
JEFFERSON'S MANUAL
1464.
not expedient should be discussed, this object may
be defeated by moving to amend; and in the discus-
sion of that motion, involving the subject of the main
question. But so may the object of the previous
question be defeated by moving the amended ques-
tion, as Mr. Hatsell proposes, after the decision
against putting the original question. He acknowl-
edges, too, that the practice has been to admit pre-
vious amendments, and only cites a few late instances
to the contrary. On the whole, I should think it best
to decide it ab inconvenient!, to wit: Which is most
inconvenient, to put it in the power of one side of the
House to defeat a proposition by hastily moving the
previous question and thus forcing the main ques-
tion to be put unamended, or to put it in the power
of the other side to force on, incidentally at least, a
discussion which would be better avoided? Perhaps
the last is the least inconvenience, inasmuch as the
Speaker, by confining the discussion rigorously to
the amendment only, may prevent their going into
the main question; and inasmuch also as so great a
proportion of the cases in which the previous ques-
tion is called for are fair and proper subjects of pub-
lic discussion and ought not to be obstructed by
a formality introduced for questions of a peculiar
character.
This discussion has no bearing on the modern uses of the previous
question.
[221]
JEFFERSON'S MANUAL
§§465,466.
SEC. XXXV. — AMENDMENTS.
On an amendment being moved, a
§465. Right of the - ° >.
Member who has Member who had spoken to the mam
^S^n^^kto question may speak again to the amend-
anamendment. gCOb., 23.
This parliamentary rule is of effect in the House of Representatives,
where the hour rule of debate (Rule XIV, cl. 2) has been in force for
many years. A Member who has spoken an hour to the main question,
may speak another hour to an amendment (V, 4994; VIII, 2449).
If an amendment be proposed inconsistent with
one already agreed to, it is a fit ground
for its rejection by the House, but not
within the competence of the Speaker
nt with one to suppress as if it were against order.
already agreed to. ** °
For were he permitted to draw ques-
tions of consistence within the vortex or order, he
might usurp a negative on important modifications,
and suppress, instead of subserving, the legislative will.
The practice of the House of Representatives follows and extends the
principle set forth by Jefferson. Thus it has been held that the fact
that a proposed amendment is inconsistent with the text or embodies a
proposition already voted (II, 1328-1336; VIII, 2834), or would in
effect change a provision of text to which both Houses h^ave agreed
(II, 1335; V, 6183-6185), or is contained in substance in a later portion
of the bill (II, 1327), is a matter to be passed on by the House rather
than by the Speaker. It is for the House rather than the Speaker to
decide on the legislative or legal effect of a proposition (II, 1323, 1324;
VI, 254; VII, 2112; VIII, 2280, 2841) ; and the change of a single word in
the text of a proposition may be sufficient to prevent the Speaker ruling
it out of order as one already disposed of by the House (II, 1274) . This
principle has been the subject of conflicting decisions, from which may
be deduced the rule that the Chair may rule out the proposition unless
it presents substantially a different proposition (VI, 256; VIII 2834
2835, 2838, 2840, 2842, 2850, 2856).
[222]
JEFFERSON'S MANUAL
§§ 467, 468.
Amendments may be made so as totally to alter
§467. Thepariia- *^e nature of the proposition; and it
mentaijiawandthe £s a way of getting rid of a proposition
rules of the House i • • i
as to germane by making it bear a sense different from
amendments. what it was intended by the movers, so
that they vote against it themselves. 2 Hats., 79; 4,
82, 84. A new bill may be ingrafted, by way of
amendment, on the words, "Be it enacted/' etc. 1
Grey, 190, 192.
This was the rule of Parliament, which did not require an amendment
to be germane (V, 5802, 5825). But the House of Representatives
from its first organization, has by rule required that an amendment
should be germane to the pending proposition (Rule XVI, el. 7) .
If it be proposed to amend by leaving out certain
§ 468. The amend- words, it may be moved, as an amend-
™££™teT* ment to this amendment, to leave out
bm- a part of the words of the amendment,
which is equivalent to leaving them in the bill. 2
Hats., 80, 9. The parliamentary question is, always,
whether the words shall stand part of the bill.
In the House of Representatives the question herein described is
never put as in Parliament, but is always, whether the words shall be
stricken out; and if there is a desire that certain of the words included
in the amendment remain part of the bill, it is expressed, not by amend-
ing the amendment, but by a preferential motion to strike from the
specified words a portion of them. If this is carried the portion thus
removed remains a part of the bill and the vote recurs on striking
out the residue (V, 5770). And when a motion to strike out certain
words is disagreed to, it is in order to move to strike out a portion of
those words (V, 5769) ; but when it is proposed to strike out certain
words in a paragraph, it is not in order to amend those words by
including with them other words of the paragraph (V, 5768; VIII,
2848). It is in order to insert by way of amendment a paragraph
[223]
JEFFERSON'S
$469.
similar (but not actually identical) to one already stricken out by
amendment (V, 5760).
When it is proposed to amend by inserting a para-
$ 469. principle*,* graph, or part of one, the friends of the
paragraph may make it as perfect as
out. they can by amendments before the
question is put for inserting it. If it be received, it
cannot be amended afterward in the same stage,
because the House has, on a vote, agreed to it in that
form. In like manner, if it is proposed to amend by
striking out a paragraph, the friends of the paragraph
are first to make it as perfect as they can by amend-
ments, before the question is put for striking it out.
If on the question it be retained, it cannot be amended
afterward, because a vote against striking out is
equivalent to a vote agreeing to it in that form.
1 The principles herein set forth are recognized as in force in the House
of Representatives, with the exception that Rule XVI, cl. 7, specifically
provides that "a motion to strike out being lost shall neither preclude
amendments nor a motion to strike out and insert." But after an
amendment to insert has been agreed to, the matter inserted ordinarily
may not then be amended (V, 5761-5763; VIII, 2852) in any way that
would change its text; but an amendment may be added at the end
(V, 5759, 5764, 5765). When it is proposed to perfect a paragraph the
motions to insert or strike out, if already pending, must remain in
abeyance until the amendments to perfect have been moved and voted
on (V, 5758; VIII, 2860); and while amendments are pending to a
section a motion to strike it out may not be offered (V, 5771; VIII,
2861). In the peculiar situation wherein, when a motion to strike out
a paragraph is pending, the paragraph is perfected by a substitute
amendment, the pending motion to strike out must fall, since it would
not be in order to strike out exactly what it has just been voted to
insert (V, 5792; VIII, 2854; July 12, 1951, p. 8090).
[224]
JEFFERSON'S MANUAL
H 470, 471.
When it is moved to amend by striking out certain
5 470 Reading the WOY&S %&& inserting others, the manner
motion ana put«n« of stating the question is first to read
motion^swto* the whole passage to be amended as it
out and insert. stands at present, then the words pro-
posed to be struck out, next those to be inserted, and
lastly the whole passage as it will be when amended.
And the question, if desired, is then to be divided,
and put first on striking out. If carried, it is next
on inserting the words proposed. If that be lost, it
may be moved to insert others. 2 Hats., 80, 7.
Rule XVI, cl. 7, of the House of Representatives provides specifically
that the motion to strike out and insert shall not be divided. Other-
wise, as to the manner of stating the question, it is usual for the clerk to
read only the words to be stricken out and the words to be inserted.
Usually this is sufficient, as the Members may have before them printed
copies of the bill under consideration.
A motion is made to amend by striking out certain
§ 471. conditions words and inserting others in their place,
££?££. which is negatived. Then it is moved
out and insert. to strike out the same words, and to
insert others of a tenor entirely different from those
first proposed. It is negatived. Then it is moved to
strike out the same words and insert nothing, which
is agreed to. All this is admissible, because to strike
out and insert A is one proposition. To strike out
and insert B is a different proposition. And to strike
out and insert nothing is still different. And the re-
jection of one proposition does not preclude the
offering a different one. Nor would it change the case
[225]
JEFFERSON'S MANUAL
§§ 472, 473.
were the first motion divided by putting the question
first on striking out, and that negatived; for, as put-
ting the whole motion to the question at once would
not have precluded, the putting the half of it cannot
do it.
As to Jefferson's supposition that the principle would hold good in
case of division of the motion to strike out and insert it is not necessary
to inquire, since Rule XVI, cl. 7, of the House of Representatives forbids
division of the motion. In a footnote Jefferson expressed himself as
follows: "In the case of a division of the question, and a decision
against striking out, I advance doubtingly the opinion here expressed.
I find no authority either way, and I know it may be viewed under a
different aspect. It may be thought that, having decided separately
not to strike out the passage, the same question for striking out cannot
be put over again, though with a view to a different insertion. Still
I think it more reasonable and convenient to consider the striking out
and insertion as forming one proposition, but should readily yield to
any evidence that the contrary is the practice in Parliament."
The principle set forth by Jefferson as to repetition of the motion to
strike out prevails in the House of Representatives,
§ 472. Application where it has been held in Qrd af ^ ^ failure of a
ot the motion to ...,., , , . •, , .,
strikeout. motion to strike out certain words, to move to strike
out a portion of those words .(V, 5769; VIII, 2858).
When a bill is under consideration by paragraphs, a motion to strike
out applies only to the paragraph under consideration (V, 5774),
But if it had been carried affirmatively to strike
§473. Effect of out the words and to insert A, it could
±^±011 not afterward be permitted to strike
outand insert. Qut ^ an(J {^3^ ft rpj^ mover Qf g
should have notified, while the insertion of A was
under debate, that he would move to insert B;
in which case those who preferred it would join in
rejecting A.
This principle controls the practice of the House of Representatives.
E226J
JEFFERSON'S MAKUAL
§§ 474, 475.
After A is inserted, however, it may be moved to
§ 474. conditions strike out a portion of the original para-
SraPh> comprehending A, provided the
coherence to be struck out be so sub-
stantial as to make this effectively a different propo-
sition; for then it is resolved into the common case of
striking out a paragraph after amending it. Nor
does anything forbid a new insertion, instead of A
and its coherence.
The principles of this paragraph have been followed in the House of
Representatives (V, 5763) , but in one case wherein words embodying a
distinct substantive proposition had been agreed to as an amendment
to a paragraph, it was held not in order to strike out a part of the words
of this amendment with other words of the paragraph (V, 5766).
In Senate, January 25, 1798, a motion to postpone
. . . * ' * until the second Tuesday in February
§ 475. Amendments J J
muni blanks as to some amendments proposed to the Con-
tune" stitution; the words "until the second
Tuesday in February" were struck out by way of
amendment. Then it was moved to add, "until the
first day of June." Objected that it was not in order,
as the question should be first put on the longest time;
therefore, after a shorter time decided against, a
longer cannot be put to question. It was answered
that this rule takes place only in filling blanks for time.
But when a specific time stands part of a motion, that
may be struck out as well as any other part of the
motion; and when struck out, a motion may be
received to insert any other. In fact, it is not until
they are struck out, and a blank for the time thereby
[227]
JEFFERSON'S
$476.
produced, that the rule can begin to operate, by
receiving all the propositions for different times, and
putting the questions successively on the longest.
Otherwise it would be in the power of the mover by
inserting originally a short time, to preclude the
possibility of a longer, for till the short time is struck
out, you cannot insert a longer; and if, after it is
struck out, you cannot do it, then it cannot be done
at all. Suppose the first motion had been made to
amend by striking out "the second Tuesday in Feb-
ruary," and inserting instead thereof "the first of
June," it would have been regular, then, to divide the
question, by proposing first the question to strike out,
and then that to insert. Now, this is precisely the
effect of the present proceeding; only, instead of one
motion and two questions, there are two motions and
two questions to effect it — the motion being divided
as well as the question.
The motion to strike out and insert may not be divided in the House
of Representatives (Rule XVI, cl. 7).
When the matter contained in two bills might be
M76. joining and better put into one, the manner is to
dividing bins. reject the one and incorporate its mat-
ter into another bill by way of amendment. So if
the matter of one bill would be better distributed
into two, any part may be struck out by way of
amendment, and put into a new bill. * * *
In the modern practice of the House of Representatives each bill
comes before the House by itself; and if it were proposed to join one
bill to another it would be done by offering the text of the one as an
[228]
JEFFERSON'S MANUAL
§§ 477-480.
amendment to the other, without disturbing the first bill in its place
on the calendar. Where it is proposed to divide a bill, the object is
accomplished in the House of Representatives by moving to recommit
with instructions to the committee to report two bills (V, 5527, 5528).
* * * If a section is to be transposed, a question
477 Transposition mus* ^e Put on striking it out where it
of the sections of a stands and another for inserting it in
the place desired.
This principle is followed in the practice of the House of Representa-
tives (V, 5775, 5776).
A bill passed by the one House with blanks. These
may be filled up by the other by way
• »78. Filling
blanks left by the of amendments, returned to the first
other ouse. as such, and passed. 8 Hats., 83.
The number prefixed to the section of a bill, being
merely a marginal indication, and no
5 479. Clerk amends /. i PI --M i y^ii
the section numbers part of the text of the bill, the Clerk
of a bui. regulates that — the House or committee
is only to amend the text.
SEC. XXXVI. DIVISION OF THE QUESTION.
If a question contain more parts than one, it may
be divided into two or more questions.
tary ia w for division Mem. in Hakew.j 29. But not as the
of the question. right Q£ an ^dividual member, but with
the consent of the House. For who is to decide
whether a question is complicated or not — where it
is complicated — into how many propositions it may
be divided? The fact is, that the only mode of sepa-
rating a complicated question is by moving amend-
62581 °— H. Doc. 459, 86-2 16 [229]
JEFFERSON'S MANUAL
§481.
ments to it; and these must be decided by the House,
on a question, unless the House orders it to be
divided; as, on the question, December 2, 1640, mak-
ing void the election of the knights for Worcester, on
a motion it was resolved to make two questions of it,
to wit, one on each knight. 2 Hats., 85, 86. So,
wherever there are several names in a question, they
may be divided and put one by one. 9 Grey, 444.
So, 1729, April 17, on an objection that a question
was complicated, it was separated by amendment.
2 Hats., 79.
The House of Representatives, by Rule XVI, cl. 6, and the practice
thereunder, has established a procedure differing materially from that
above set forth.
The soundness of these observations will be evi-
481 Jefferson's ^®^ from the embarrassments produced
dtecwisioiiofdivi. by the XVIIIth rule of the Senate,
question. WJIJCJ]L sayS^ «jf ^he question in debate
contains several points, any member may have the
same divided/7
1798, May 30, the alien bill in quasi-committee.
To a section and proviso in the original, had been
added two new provisos by way of amendment. On
a motion to strike out the section as amended, the
question was desired to be divided. To do this it
must be put first on striking out either the former
proviso, or some distinct member of the section. But
when nothing remains but the last member of the sec-
tion and the provisos, they cannot be divided so as to
put the last member to question by itself, for the pro-
[230]
JEFFERSON'S MANUAL
5481.
visos might thus be left standing alone as exceptions
to a rule when the rule is taken away; or the new
provisos might be left to a second question, after
having been decided on once before at the same
reading, which is contrary to rule. But the question
must be on striking out the last member of the section
as amended. This sweeps away the exceptions with
the rule, and relieves from inconsistence. A ques-
tion to be divisible must comprehend points so dis-
tinct and entire that one of them being taken away,
the other may stand entire. But a proviso or ex-
ception, without an enacting clause, does not contain
an entire point or proposition.
May 31. — The same bill being before the Senate.
There was a proviso that the bill should not extend —
1. To any foreign minister; nor, 2. To any person to
whom the President should give a passport; nor, 3.
To any alien merchant conforming himself to such
regulations as the President shall prescribe; and a
division of the question into its simplest elements was
called for. It was divided into four parts, the 4th
taking in the words "conforming himself/' &c. It
was objected that the words "any alien merchant,"
could not be separated from their modifying words,
"conforming/7 &c., because these words, if left by
themselves, contain no substantive idea, will make
no sense. But admitting that the divisions of a
paragraph into separate questions must be so made
as that each part may stand by itself, yet the House
JEFFERSON'S
({482*488.
having, on the question, retained the two first divi-
sions, the words "any alien merchant'' may be struck
out, and their modifying words will then attach
themselves to the preceding description of persons,
and become a modification of that description.
When a question is divided, after the question on
the 1st member, the 2d is open to debate
and amendment; because it is a known
to debate or J^Q that a person may rise and speak
8111611 "* at any time before the question has been
completely decided, by putting the negative as well
as affirmative side. But the question is not com-
pletely put when the vote has been taken on the first
member only. One-half of the question, both affirm-
ative and negative, remains still to be put. See
Execut. Jour., June 25, 1795. The same decision by
President Adams.
SEC. XXXVII. — COEXISTING QUESTIONS.
It may be asked whether the House can be in pos-
session of two motions or propositions
at the same time? so that> one of them
being decided, the other goes to ques-
tion without being moved anew? The answer must
be special. When a question is interrupted by a vote
of adjournment, it is thereby removed from before
the House, and does not stand ipso facto before them
at their next meeting, but must come forward in the
usual way. So, when it is interrupted by the order
[282]
JEFFERSON'S MANUAL
§484.
of the day. Such other privileged questions also as
dispose of the main question (e. g., the previous ques-
tion, postponement, or commitment), remove it from
before the House. But it is only suspended by a
motion to amend, to withdraw, to read papers, or by a
question of order or privilege, and stands again before
the House when these are decided. None but the
class of privileged questions can be brought forward
while there is another question before the House, the
rule being that when a motion has been made and
seconded, no other can be received except it be a
privileged one.
The principles of this provision must, of course, be viewed in the light
of a more highly perfected order of business than existed in Jefferson's
tune (Rule XXIV). The motion to withdraw is not known in the prac-
tice of the House, not being among the motions enumerated in Rule
XVI, cl. 4.
SEC. XXXVIII. — EQUIVALENT QUESTION'S.
If, on a question for rejection, a bill be retained, it
5 484. Former passes, of course, to its next reading,
practice as to Hakew., IJ^l; Scob., 4®- And a ques-
rejectionand j? J j- J j. • J
second readme tion for a second reading, determined
of bins. negatively, is a rejection without fur-
ther question. 4 Grey, 149. And see Elsynge's
Memor., 42, in what cases questions are to be taken
for rejection.
The House of Representatives has abandoned the question "Shall the
bill be rejected?" (IV, 3391), and the question is now taken in accord-
ance with Rule XXI, cl. 1. A vote is not taken on the second reading,
the first test coming in the modern practice of the House on the en-
grossment and third reading.
[233]
JEFFERSON'S
§§485.486.
Where questions are perfectly equivalent, so that
the negative of the one amounts to the
affirmative of the other, and leaves no
other alternative, the decision of the one
concludes necessarily the other. 4 Grey, 157. Thus
the negative of striking out amounts to the affirma-
tive of agreeing; and therefore to put a question on
agreeing after that on striking out, would be to put
the same question in effect twice over. Not so in
questions of amendments between the two Houses.
A motion to recede being negatived, does not amount
to a positive vote to insist, because there is another
alternative, to wit, to adhere.
The principles set forth in this paragraph are recognized by the
practice of the House of Representatives; but Jefferson's use of the
motion to strike out as an illustration is no longer justified, since the
practice of the House under Rule XVI, cl. 7, does not permit the nega-
tive of the motion to strike out to be equivalent to the affirmative of
agreeing.
A bill originating in one House is passed by the
§486 Equipment °^er with an amendment. A motion
questions on in the originating House to agree to the
between amendment is negatived- Does there
the Houses. result from this a vote of disagreement,
or must the question on disagreement be expressly
voted? The question respecting amendments from
another House are — 1st, to agree; 2d, disagree; 3d,
recede; 4th, insist; 5th, adhere.
[234]
{§487,488.
The rejection of a motion to concur in a Senate amendment is equiv-
alent to disagreeing, and the latter motion is not put (VIII, 3178)..
In the House of Representatives and the Senate the order of preced-
ence of motions is as given in the Parliamentary law, and the motions
take precedence in that order without regard to the order in which
they are moved (V, 6270, 6324). But a motion to amend an amend-
ment of the other House has precedence of the motion to agree or
disagree (V, 6164, 6169-6171; VIII, 3202). But it has been held that
when the previous question has been demanded or ordered on a motion
to concur, a motion to amend is not in order (V, 5488) . The motion
to refer also takes precedence of the motions to agree or disagree (V,
6172-6174), but the demanding or ordering of the previous question
does not prevent a motion to refer (V, 5575).
1st. To agree; 2d. To disagree. — Either of these
concludes the other necessarily, for the
motions to agree positive of either is exactly the equiva-
reiatelufmotoiis lent to the negative of the other, and
to amend. no Q^J^J. alternative remains. On either
motion amendments to the amendment may be
proposed; e. g., if it be moved to disagree, those
who are for the amendment have a right to propose
amendments, and to make it as perfect as they can,
before the question of disagreeing is put.
3d. To recede.— 'You may then either insist or
adhere.
4th. To insist. — You may then either
re<*xte Or adhere.
5th. To adhere. — You may then either
recede or insist.
Consequently the negative of these is not equiva-
lent to a positive vote the other way. It does not
raise so necessary an implication as may authorize the
[235],
JEFFERSON'S MANUAL
.
Secretary by inference to enter another vote; for two
alternatives still remain, either of which may be
adopted by the House*
In the practice of the House of Bepresentatives the voting down of
the motion to recede and concur is tantamount to insistence, but is not
equivalent to adherence (Speaker Clark, July 2, 1918, p. 8648).
SEC. XXXIX. — THE QUESTION.
§489. Putting The question is to be put first on the
the que^on. affirmative, and then on the negative
side.
Rule I, cL 5, of the House of Representatives, provides more fully for
putting the question.
After the Speaker has put the affirmative part of
the question, any Member who has not
spoken before to the question may rise
^^ speak before the negative be put;
because it is no full question till the
negative part be put. Scob., 28; 2 Hats., 73.
But in small matters, and which are of course,
5491. informal suc^ ^ receiving petitions, reports,
putting of the withdrawing motions, reading papers,
&c., the Speaker most commonly sup-
poses the consent of the House where no objection
is expressed, and does not give them the trouble of
putting the question formally. Scob., 22; 2 Hats.,
79, 2, 87; 5 Grey, 129; 9 Grey, 301.
.[286]
JEFFERSON'S MANUAL
§$492.493.
SEC. XL. — BILLS, THIRD READING.
To prevent bills from being passed by surprise,
the House, by a standing order, directs
that they shall not be put on their
passage before a fixed hour, naming
one at which the house is commonly
full. Hakew., 158.
The usage of the Senate is not to put bills on their
passage till noon.
A bill reported and passed to the third reading,
cannot on that day be read the third time and passed;
because this would be to pass on two readings in the
same day.
None of these restrictions is of effect in the modern practice of the
House of Representatives. Rule XXI, cl. 1, permits a bill to be read
a third time and passed on the same day, and it is in order to proceed
with a bill at any time, unless the absence of a quorum be shown.
At the third reading the Clerk reads the bill and
delivers it to the Speaker, who states
the title, that it is the third time of
reading the bill, and that the question
will be whether it shall pass. Formerly
the Speaker, or those who prepared a bill, prepared
also a breviate or summary statement of its contents,
which the Speaker read when he declared the state
of the bill, at the several readings. Sometimes, how-
ever, he read the bill itself, especially on its passage.
Hakew., 136, 137, 15S; Coke, 88, 115. Latterly,
instead of this, he, at the third reading, states the
[237]
JEFFERSON'S MANUAL
§494.
whole contents of the bill verbatim, only, instead of
reading the formal parts, "Be it enacted," &c., he
states that "preamble recites so and so — the 1st
section enacts that, &c.; the 2d section enacts/' &c.
But in the Senate of the United States, both of
these formalities are dispensed with; the breviate
presenting but an imperfect view of the bill, and
being capable of being made to present a false one;
and the full statement being a useless waste of time,
immediately after a full reading by the Clerk, and
especially as every member has a printed copy in
his hand.
In the House of Representatives there is no practice justifying the
presentation of a breviated summary; and the procedure on third
reading is definitely prescribed by Rule XXI, cl. 1.
A bill on the third reading is not to be committed
§494. committal ma*ter or body thereof, but to
of a bm on third receive some particular clause or pro-
ving. viso, it hath been sometimes suffered,
but as a thing very unusual. HaJcew., 156. Thus,
27 El., 1584, a bill was committed on the third read-
ing, having been formerly committed on the second,
but is declared not usual. D'Ewes, 837, col. 2; 414,
col 2.
In the House of Representatives it is in order to commit a bill either
before or after the engrossment and third reading (V, 5562) ; and by
Rule XVII; cl. 1, the House has preserved this opportunity to commit
even after the previous question has been ordered.
[238]
JEFFERSON'S MANUAL
§§ 495-497.
When an essential provision has been omitted,
§495. obsolete rather than erase the bill and render it
JlSSni^ suspicious, they add a clause on a
riders- separate paper, engrossed and called a
rider, which is read and put to the question three
times. Elsynge's Memo., 59; 6 Grey, S35; 1 Blackst.,
183. For examples of riders, see 3 Hats., 181, 122,
124, 156. Every one is at liberty to bring in a rider
without asking leave. 10 Grey, 52.
This practice is never followed in the House of Representatives.
It is laid down, as a general rule, that amendments
§496. obsolete proposed at the second reading shall be
;^70efntasto twice read, and those proposed at the
amendments. third reading thrice read; as also all
amendments from the other House. Town., col. 19,
28, 24, 25, 26, 27, 28.
In the practice of the House of Representatives amendments, whether
offered in the House or coming from the other House, do not come under
the rule requiring different readings.
It is with great and almost invincible reluctance
that amendments are admitted at this
§497. Amend- .
ments before the reading, which occasion erasures or m-
third reading, terlineations. Sometimes a proviso has
been cut off from a bill; sometimes erased. 9 Grey,
513.
This is the proper stage for filling up blanks; for if
filled up before, and now altered by erasure, it would
be peculiarly unsafe.
[239]
JEFFERSON'S MANUAL
5§ 498, 499,
In the House of Representatives bills are amended after the second
reading (IV, 3392), and before the engrossment and third reading (V,
5781; VII, 1051, 1052) but not afterwards.
At this reading the bill is debated afresh, and for
the most part is more spoken to at this
§498. Debate in , . ,-, * 1 1 i i*
relation to the tune than on any of the former readings.
threading.
The debate on the question whether it should be
read a third time, has discovered to its friends and
opponents the arguments on which each side relies,
and which of these appear to have influence with the
House; they have had time to meet them with new
arguments, and to put their old ones into new shapes.
The former vote has tried the strength of the first
opinion, and furnished grounds to estimate the issue;
and the question now offered for its passage is the
last occasion which is ever to be offered for carrying
or rejecting it.
In the House of Representatives it is usual to debate a bill before
and not after the engrossment and third reading, probably because of
the frequent use of the previous question, which prevents all debate
after it is ordered. When the previous question is not ordered, debate
may occur pending the vote on the passage.
When the debate is ended, the Speaker, holding the
5499. putting the kill ^ ^s ^an.d, puts the question for
question on the its passage, by saying, "Gentlemen, all
passage of a bflL , « . . , -. • •• .11
you who are of opinion that this bill
shall pass, say aye;" and after the answer of the ayes,
"All those of the contrary opinion, say no." Hakew.,
154.
[240]
JEFFERSON'S MANUAL
§§500-502.
In the House of Representatives the bill is usually in the hands of the
Clerk. The Speaker states that "The question is on the passage of the
bill," and puts the question in the form prescribed by Rule I, cl. 5.
§5oo. Ems not After tte biU is Passed> there can be
altered after tneir no further alteration of it in any point.
passa*e' Hakew., 159.
This principle controls the practice of the House of Representatives,
except as a bill may be changed after the votes on the passage and
engrossment have been reconsidered.
SEC. XLI. — DIVISION OF THE HOUSE.
The affirmative and negative of the question having
§501. Division of been both put and answered, the
^te^ttoX Speaker declares whether the yeas or
sound. nayS have it by the sound, if he be
himself satisfied, and it stands as the judgment of
the House. But if he be not himself satisfied which
voice is the greater, or if before any other Member
comes into the House, or before any new motion
made (for it is too late after that), any Member shall
arise and declare himself dissatisfied with the
Speaker's decision, then the Speaker is to divide the
House. Scob., 24; 2 Hats., 140.
This practice is provided for in different language by Rule I, cl. 5.
When the House of Commons is divided, the one
party goes forth, and the other remains
tary provisions as in the House. This has made it impor-
tant which go forth and which remain;
House- because the latter gain all the indolent,
the indifferent, and inattentive. Their general rule,
[241]
JEFFERSON'S MANTTAL
§502.
therefore, is that those who give their vote for the
preservation of the orders of the House shall stay in,
and those who are for introducing any new matter
or alteration, or proceeding contrary to the established
course, are to go out. But this rule is subject to
many exceptions and modifications. 2 Hats., 184;
1 Rush., p. 8, fol 92; Scob., 48, 52; Co., 12, 116;
D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29; as will
appear by the following statement of who go forth:
Petition that it be received (Noes, 9 Grey, 365) -JAves
Read J
Lie on the table JNoes
Rejected after refusal to lie on table J
Referred to a committee, or further proceeding Ayes.
Bill, that it be brought in "j
Read first or second time 1
Engrossed or read third tune /Ayes.
Proceeding on every other stage
Committed )
To Committee of the Whole Noes.
To a select committee Ayes.
Report of bill to lie on table Noes.
Be nowre&d 1 Ayes.
Be taken into consideration three months hence J 30, P. J. 251
Amendments to be read a second time Noes.
Clause offered on report of bill be read second time 1 Ayes.
For receiving a clause r 334.
With amendments be engrossed J 395.
That a bill be now read a third time Noes. 398.
Receive arider 1 260.
Pass [Ayes. 259.
Be printed J
[242]
JEFFERSON'S MANUAL
§502.
Committees . That A take the chair
To agree to the whole or any part of report
That the House do now resolve into committee
Speaker. That he now leave the chair, after order to go
Noes. 291.
into committee.
That he issue warrant for a new writ
Member. That none be absent without leave-
Witness. That he be further examined Ayes. 344.
Previous question Noes.
Blanks. That they be filled with the largest sum 1 .
Amendments. That words stand part of J ^es*
Lords. That their amendment be read a second time. - Noes.
Messenger be received 1
Orders of the day to be now read, if before 2 o'clock J yes*
If after 2 o'clock Noes.
Adjournment. Till the next sitting day, if before 4 o'clock- Ayes.
If after 4 o'clock Noes.
Over a sitting day (unless a previous resolution) Ayes.
Over the 30th of January Noes.
For sitting on Sunday, or any other day not being a sitting! A
day JAyeS'
The one party being gone forth, the Speaker names
two tellers from the affirmative and two from the
negative side, who first count those sitting in the
House and report the number to the Speaker. Then
they place themselves within the door, two on each
side, and count those who went forth as they come in
and report the number to the Speaker. Mem. in
Hakew., 26.
In the House of Representatives the two tellers take their places in
the entrance to the center aisle and the affirmative and the negative
pass between them to be counted.
L243J
JEFFERSON'S
((503,504.
A mistake in the report of the tellers
of^ro^brteuerfl may be rectified after the report made.
after thereport.
When it is proposed to take the vote by yeas and
§504. vo«ng by nays, the President or Speaker states
s and nays. ^^ «£he question is whether, e. g., the
bill shall pass — that it is proposed that the yeas and
nays shall be entered on the journal. Those, there-
fore, who desire it will rise." If he finds and declares
that one-fifth have risen, he then states that " those
who are of opinion that the bill shall pass are to
answer in the affirmative; those of the contrary
opinion in the negative/ ' The Clerk then calls over
the names alphabetically, notes the yea or nay of
each, and gives the list to the President or Speaker,
who declares the result. In the Senate if there be an
equal division the Secretary calls on the Vice-
President and notes his affirmative or negative,
which becomes the decision of the House.
In the House of Representatives tellers were sometimes, though
rarely, ordered to determine whether one-fifth joined in the demand for
the yeas and nays (V, 6045) but in the later practice the Speaker's
count is not subject to verification (VIII, 3114-3118), and it is not in
order to demand a rising vote of those opposed on a count by the
Speaker to ascertain if one-fifth concur in demand for yeas and nays
(VIII, 3112, 3113). Rule XV ol. 1 of the House provides the method
of taking the yeas and nays in the modern practice.
[244]
JEPFEKSON'S MANUAL
5505.
In the House of Commons every member must give
505 Parllamen- ^ V0t6 ^ ^^ WB^ °* ^ Other , Smb.,
taryiawasto %4) as it is not permitted to anyone to
gmng <>f votes, withdraw who is in the House when the
question is put, nor is anyone to be told in the divi-
sion who was not in when the question was put.
2 Hats., 140.
This last position is always true when the vote is
by yeas and nays; where the negative as well as
affirmative of the question is stated by the President
at the same time, and the vote of both sides begins
and proceeds pari passu. It is true also when the
question is put in the usual way, if the negative has
also been put; but if it has not, the member entering,
or any other member may speak, and even propose
amendments, by which the debate may be opened
again, and the question be greatly deferred. And
as some who have answered aye may have been
changed by the new arguments, the affirmative must
be put over gain. If, then, the member entering
may, by speaking a few words, occasion a repetition
of a question, it would be useless to deny it on his
simple call for it.
Ruleyill, cl. 1, of the House of Representatives requires Members to
vote; but no rule excludes from voting those not present at the putting
of the question, and this requirement of the parliamentary law is not
observed in the House. No attempt is made to prevent Members from
withdrawing after a question is put, unless there be a question as to a
quorum, when the House proceeds under Rule XV, cl. 2, 4.
62581°— H. Doc. 459, 86-2 IT
$$506-503.
While the House is telling, no Member may speak
or move out of his place, for if any rois-
§506. Movements t i •> i i i ^ t
of Members dun** take be suspected it must be told again.
votintf- Mem, in Hakew., 26; 2 Hats., 143.
This mle applies in the House of Representatives on a vote by
division, where the Speaker counts; but not to a vote by tellers, where
the members pass between the tellers, or to a vote by yeas and nays.
If any difficulty arises in point of order during the
division, the Speaker is to decide per-
§ 507. Decisions ' . f ^
of points of order emptorily, subject to the future censure
during ^ jj^ House if irregular. He some-
times permits old experienced Members to assist him
with their advice, which they do sitting in their seats,
covered, to avoid the appearance of debate; but this
can only be with the Speaker's leave, else the division
might last several hours. 2 Hats., 143.
In the House of Representatives any Member advising the Speaker
would rise and give advice standing under Rule XIV, cL 1.
The voice of the majority decides; for the lex
§508. Decision by majoris partis is the law of all councils,
.
of majority; elections, &c., where not otherwise ex-
ana tie votes. pressly provided. Hakew., 98. But if
the House be equally divided, semper presuamtur pro
negante; that is, the former law is not to be changed
but a majority. Towns., col. 134.
The House of Representatives provides also by rule that in all cases
of tie vote the question shall be lost.
1246]
JEFFERSON'S MANUAL
$§ 509-511.
The House of Representatives, however, requires a two-thirds vote
on a motion to suspend the rules (Rule XXVII,
§ 509. Two-thirds cl. 1), on a motion to dispense with Calendar
votes. Wednesday (Rule XXIV, cl. 7), on a motion to
dispense with the call of the Private Calendar on
the first Tuesday of each month (Rule XXIV, cl. 6), and to consider
a special rule immediately (Rule XI, § 729), and the Constitution of
the United States requires two-thirds votes for passing vetoed bills,
removing political disabilities, and passing resolutions proposing
amendments to the Constitution.
When from counting the House on a division it
§510. Business appears that there is not a quorum,
tke matter continues exactly in the
state in which it was before the divi-
sion, and must be resumed at that point on any
future day. 2 Hats., 126.
In the House of Representatives the failure of a quorum, necessitates
the suspension of even the most highly privileged business (IV, 2934;
VI, 662), and debate as well (IV, 2935-2949) ; there must be a quorum
before the House may proceed (IV, 2952, 2953), and no motion will be
entertained except for a call of the House or to adjourn (IV, 2950;
VI, 680). Even in the closing hours of a Congress business has been
stopped by the failure of a quorum (V, 6309).
1606, May 1, on a question whether a Member
§511. change of having said yea may afterwards sit
avote- and change his opinion, a precedent
was remembered by the Speaker, of Mr. Morris7 at-
torney of the wards, in 89 Eliz., who in like case
changed his opinion. Mem. in Hakew., 27.
The House of Representatives is governed in this respect by the
practice under Rule XV, cl. 1.
[247]
JEFFERSON'S MANUAL
§5 512, 518.
SEC. XLII. — TITLES.
After the bill has passed, and not before, the title
may be amended, and is to be fixed by
§ 512. Amend- ^ •• /i i MI • ,1
ments to the title a question; and the bill is then sent to
ofabm' the other House,
The House of Representatives by Rule XIX embodies this principle
with an additional provision as to debate.
SEC. XLIII. — RECONSIDERATION.
1798, Jan. A bill on its second reading being
ins. Eariy amended, and on the question whether
senate practice ft gj^ ke rea(j a third time negatived,
reconsideration. was restored by a decision to reconsider
that question. Here the votes of negative and recon-
sideration, like positive and negative quantities in
equation, destroy one another, and are as if they
were expunged from the journals. Consequently the
bill is open for amendment, just so far as it was the
moment preceding the question for the third reading;
that is to say, all parts of the bill are open for amend-
ment except those on which votes have been already
taken in its present stage. So, also, it may be recom-
mitted.
The rule permitting a reconsideration of a question
affixing to it no limitation of time or circumstance, it
may be asked whether there is no limitation? If,
after the vote, the paper on which it is passed has
been parted with, there can be no reconsideration, as
if a vote has been for the passage of a bill and the bill
[248]
JEFFERSON'S MANUAL
§5 514. 515.
has been sent to the other House. But where the
paper remains, as on a bill rejected, when or under
what circumstances does it cease to be susceptible of
reconsideration? This remains to be settled, unless
a sense that the right of reconsideration is a right to
waste the time of the House in repeated agitations of
the same question, so that it shall never know when
a question is done with, should induce them to reform
this anomalous proceeding.
The House of Representatives provides for reconsideration, by Rule
XVIII, cl. 1.
In Parliament a question once carried can not be
questioned again at the same session,
§ 514. Parliamen-
11
but must stand as the judgment of
^e House. Towns., col. 67; Mem. in
Hakew.,33. * * *
* * * And a bill once rejected, another of the
§515. A bm once same substance can not be brought in
rejected not to be again the same session. Hakew., 158;
brought up again.
at the same 6 Grey, 392. But this does not extend
to prevent putting the same question
in different stages of a bill, because every stage
of a bill submits the whole and every part of it to
the opinion of the House as open for amendment,
either by insertion or omission, though the same
amendment has been accepted or rejected in a former
stage. So in reports of committees, e.g., report of an
address, the same question is before the House, and
open for free discussion. Towns., col. 26; 2 Hats.,
[249]
'S MANUAL
$516.
98, 100, 101. So orders of the House or instructions
to committees may be discharged. So a bill, begun
in one House and sent to the other and there re-
jected, may be renewed again in that other, passed,
and sent back. Ib., 92; 3 Hats., 161. Or if, instead
of being rejected, they read it once and lay it aside
or amend it and put it off a month, they may order
in another to the same effect, with the same or a
different title. Hakew., 97, 98.
In the House of Representatives, with its rule for reconsideration,
there is rarely, if ever, an attempt to bring forward a bill once rejected
at the same session. An instance occurred in 1856, however (IV, 3384) ,
and on March 9, 1910, page 2966, the House declined to consider a bill
brought forward after a rejection.
Divers expedients are used to correct the effects
§6i6. Expedients of this rule, as, by passing an explana-
^SLonce toiy act, if anything has been omitted
******* or ill expressed, 8 Hats., 278, or an act
to enforce and make more effectual an act, &c., or to
rectify mistakes in an act, &c., or a flommitf.ee on one
bill may be instructed to receive a clause to rectify
the mistakes of another. Thus, June 24, 1685, a
clause was inserted in a bill for rectifying a mistake
committed by a clerk in engrossing a bill of supply.
£ Hats., 194, 6. Or the session may be closed for
one, two, three, or more days and a new one com-
menced. But then all matters depending must be
finished, or they fall, and are to begin de novo.
2 Hats., 94, 98. Or a part of the subject may be
[260]
JEFFERSON'S MAKUAI*
taken up by another bill or taken up in a different
way. 6 Grey, 304, 316.
And in cases of the last magnitude this rule has not
been so strictly and verbally observed
|517. Exceptions . ^ *
to the roie against as to stop indispensable proceedings
altogether. 2 Hats., 92, 98. Thus
rejected. when the address on the preliminaries
of peace in 1782 had been lost by a majority of one,
on account of the importance of the question and
smallness of the majority, the same question in sub-
stance, though with some words not in the first, and
which might change the opinion of some Members,
was brought on again and carried, as the motives for
it were thought to outweigh the objection of form.
8 Hats., 99, 100.
A second bill may be passed to continue an act of
the same session or to enlarge the time
ofsupiementary limited for its execution. 2 Hats., 95,
98. This is not in contradiction to the
first act.
The House of Representatives has by a joint resolution corrected an
error in a bill that had gone to the President (IV, 3519).
SEC. XLIV. BILLS SENT TO THE OTHER HOUSE.
A bill from the other House is some-
§ 519. Laying on _ . ,
the table bills from times ordered to lie on trie table. %
the other House. TT , n/v
Hats., 97.
This principle is recognized in the practice of the House of Represent-
atives, both as to Senate bills (IV, 3418, 3419; V, 5437), and asto House
bills returned with Senate amendments (V, 5424, 6201-6203), but the
[251]
JEFFEBSON'S MANUAL
§§520,521.
motion does not take precedence over the motion to recede and concur,
(Speaker Longworth, Jan. 24, 1927, p. 2165.)
When bills passed in one House and sent to the
§520. Requests other are ground on special facts re-
tatib^T quiring proof, it is usual, either by
House. message or at a conference, to ask the
grounds and evidence, and this evidence, whether
arising out of papers or from the examination of
witnesses, is immediately communicated. S Hats., 48.
The Houses of Congress transmit with bills accompanying papers,
which are returned when the bills pass or at final adjournment (V,
7259, footnote). Sometimes one House has asked, by resolution, for
papers from the files of the other (V, 7263, 7264). Testimony is also
requested (III, 1855).
SEC. XLV. — AMENDMENTS BETWEEN THE HOUSES.
When either House, e. g., the House of Commons,
§521. Pariiamen- sen(^ a k^ to the other, the other may
tary principles as pass it with amendments. The regu-
to disagreeing, 5 . . . °
insisting, and Jar progression in this case is, that the
adhering. Commons disagree to the amendment;
the Lords insist on it; the Commons insist on their
disagreement; the Lords adhere to their amendment;
the Commons adhere to their disagreement. The term
of insisting may be repeated as often as they choose
to keep the question open. But the first adherence
by either renders it necessary for the other to recede
or adhere also; when the matter is usually suffered to
fall. 10 Grey, 148. Latterly, however, there are in-
[262]
JEFFERSON'S
(522.
stances of their having gone to a second adherence.
There must be an absolute conclusion of the subject
somewhere, or otherwise transactions between the
Houses would become endless. 3 Hats., 268, 270.
The term of insisting, we are told by Sir John Trevor,
was then (1679) newly introduced into parliamentary-
usage by the Lords. 7 Grey, 94- It was certainly a
happy innovation, as it multiplies the opportunities
of trying modifications which may bring the Houses to
a concurrence. Either House, however, is free to
pass over the term of insisting, and to adhere in the
first instance; 10 Grey, 146; but it is not respectful
to the other. In the ordinary parliamentary course
there are two free conferences, at least, before an
adherence. 10 Grey, 147.
The House of Representatives and the Senate follow the principles
set forth in this paragraph of the parliamentary law, and sometimes
dispose of differences without resorting to conferences (V, 6165).
Where both Houses insist and neither ask a conference or recede the
§ 522 insisting bil1 fails (^' 6228) . Also when both Houses adhere
and adhering in the bill fails (V, 6163, 6313, 6324, 6325) even though
the practice of the the difference may be over a very slight amendment
House- (V, 6233-6240) . In rare instances in Congress there
has been immediate adherence on the first disagreement (V, 6303) j but
this does not preclude the granting of the request of the other House
for a conference (V, 6241-6244). Sometimes the House recedes from
its disagreement as to certain amendments and adheres as to others
(V, 6229) . One House having adhered, may at the next stage vote to
further adhere (V, 6251). Sometimes also the House recedes from
adherence (V, 6252, 6401) or reconsiders its action of adherence
(V, 6253) ; after which it has agreed to the amendment with or without
amendment (V, 6253, 6401).
[253]
JEFFERSON'S
§§323-525.
Either House may recede from its amendment and
agree to the bill; or recede from their
t^iaw11^611" disagreement to the amendment, and
recedin2" agree to the same absolutely, or with
an amendment; for here the disagreement and reced-
ing destroy one another, and the subject stands as
before the disagreement. Elysnge, 23, 27; 9 Grey, 476.
In tlie practice of the two Houses of Congress the motion is to recede
from the amendment without at the same time agree-
^Ho^^Ttof **£ to the bin> f°T the bil1 has already been Passed
reading from its with the amendment, and receding from the amend-
oira amendment ment leaves the bill passed (V, 6312). But by
to a bin of the receding from an amendment with which it agreed
t>tfaer House. ^ ^ Senate amendment, the House does not thereby
agree to the Senate amendment (VIII, 3199). One House has receded
from its own amendment after the other House had returned it con-
curred in with an amendment (V, 6226). But this has been held not
sufficient to pass the bill without further action by House which had
concurred with an amendment (VIII, 3177),
Where one House has receded from an amendment, it may not sat &
subsequent stage recall its action in order to form a new basis for a
-conference (V, 6251). Sometimes one House has receded from its
amendment although it had previously insisted and asked a conference
which had been agreed to (V, 6319). After the Senate has amended a
House amendment it is not proper for the House to recede from its
amendment directly, but the Senate may recede from its amendment
and then the House recede from its amendment (Speaker Reed, June
12, 1890, p. 5981).
By receding from its disagreement to an amendment of the Senate the
$ 525 Practice of House -does not thereby agree to it (V, 6215) ; but the
the House as to Senate amendment is then open to amendment pre-
rece<Eng from cisely as before the original disagreement (V, 6212-
disagreement to $214). Tlie staga of disagreement having been
olfcerHo'use? reached, the motion to recede and concur -takes pre-
cedence of the motion to recede and concur with an
amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to
recede and concur is divisible (VIII, 3199) and being divided and the
[254]
S MANUAL
§526.
House having receded, a motion to amend has precedence of the
motion to concur (V, 6209-6211; VIII, 3198), even after the previous
question is ordered on both motions if pending (Feb. 12, 1923, p. 3512).
The motion to recede and concur in a Senate amendment with an
amendment takes precedence of a motion to insist further on the
House's disagreement to the Senate amendment (V, 6224; VIII, 3204),
and a motion to lay certain amendments on the table (Speaker Long-
worth, Jan. 24, 1927, p. 2165). It has been held that after the previous
question has been moved on a motion to adhere, a motion to recede
may not be made (V, 6310); and after the previous question is de-
manded or ordered on a motion to concur, a motion to amend is not
in order (V, 5488) ; but where the previous question has been demand-
ed on a motion to insist, a motion to recede and concur has been
admitted (V, 6208, 6321a).
But the House can not recede from or insist on its
own amendment, with an amendment;
§ 526. One House ' '
not to recede from f or the same reason that it can not send
to the other House an amendment to
*ts owri act after i1} ka8 Passed tlie act-
fixedby They may modify an amendment from
adherence*
the other House by ingrafting an
amendment on it, because they have never assented
to it; but they can not amend their own amendment,
because they have, on the question, passed it in that
form. 9 Grey, 363; 10 Grey, 240. In Senate, March
29, 1798. Nor where one House has adhered to their
amendment, and the other agrees with an amend-
ment, can the first House depart from the form which
they have fixed by an adherence.
In the case of a money bill, the Lords7 proposed
amendments become, by delay, confessedly necessary.
The Commons, however, refused them, as infringing
on their privilege as to money bills; but they offered
[255]
JEFFERSON'S MANUAL
$527.
themselves to add to the bill a proviso to the same
effect, which had no coherence with the Lords'
amendments; and urged that it was an expedient
warranted by precedent, and not unparliamentary
in a case become impracticable, and irremediable in
any other way. S Hats., 256, 266. 270, 271. But
the Lords refused, and the bill was lost. 1 Chand.,
Alikecase,lCAand.,-5il. * * *
In the House of Representatives it is a recognized principle that the
House may not recede from its own amendments with an amendment
(V, 6216-6218). The House may not amend its own amendment to a
Senate amendment to a House bill (Mar. 16, 1934, p. 4685).
* * * So the Commons resolved that it is un-
parliamentary to strike out. at a con-
§527. Textto J /i. • i -n i • i i ,1
which both ference, anything in a bill which hath
to be been agreed and passed by both Houses.
6 Grey, 274; 1 Chand., 312.
The practice of the two Houses has confirmed this principle of the
parliamentary law and established the rule that managers of a con-
ference may not change the text to which both Houses have agreed
(V, 6417, 6418, 6420; VIII, 3257), and either House alone may not, by
instructions, empower the managers to make such change (V, 6388).
In the earlier practice, when it was necessary to change the text already
agreed to, the managers appended a supplementary paragraph to
their report, and this was agreed to by unanimous consent in the two
Houses (V, 6433-6436); but in the later practice it has been found a
more effective method for the two Houses to agree to a concurrent
resolution giving to the managers the necessary powers (V, 6437-6440).
In the House such a resolution would be presented by unanimous
consent, under suspension of the rules, or on report from the Com-
mittee on Rules.
The further principle has been established in practice of the House
of Representatives that it may not, even by unanimous consent (V,
6179), change in the slightest particular (V, 6181) the text to which
[256]
JEFFERSON'S MANUAL
§§ 528, 529.
both Houses have agreed (V, 6180; VIII, 3257). And this prohibition
extends, also, to a case wherein it is proposed to add a new section at
the end of a bill which has passed both Houses (V, 6182).
§528. Precedence A motion to amend an amendment
overmo«onrend from the other H°use takes precedence
agree or disagree. of a motion to agree or disagree.
This is the rule of the two Houses of Congress (V, 6164, 6169-6171;
VIII, 3202).
A bill originating in one House is passed by the
§529. Degree of other with an amendment.
The originating House agrees to their
amendment with an amendment. The
other may agree to their amendment with an amend-
ment, that being only in the 2d and not the 3d
degree; for, as to the amending House, the first
amendment with which they passed the bill is a part
of its text. It is the only text they have agreed to.
The amendment to that text by the originating
House therefore is only in the 1st degree, and the
amendment to that again by the amending House is
only in the 2d, to wit, an amendment to an amend-
ment, and so admissible. Just so, when, on a bill
from the originating House, the other, at its second
reading, makes an amendment; on the third reading
this amendment is become the text of the bill, and
if an amendment to it be moved an amendment to
that amendment may also be moved, as being only
in the 2d degree.
This principle is followed in the practice of the House of Repre-
sentatives (V, 6176, 6177, 6178).
[257]
JEFFERSON'S
{§530-632.
SBC. XLVI. — CONFERENCES.
It is on the occasion of amendments between the
Houses that conferences are usually
asked; but they may be asked in all
ii« conferences. GS^^ o^ (jjfference of opinion between
the two Houses on matters depending between them.
The request of a conference, however, must always
be by the House which is possessed of the papers.
S Hats., 81; 1 Grey, 425.
The House of Representatives follows the principles set forth in this
paragraph of the parliamentary law. A conference may be asked on
only a portion of the amendments in disagreement, leaving the differ-
ences as to the remainder to be settled by the action of the two Houses
themselves (V, 6401). In very rare instances conferences have been
asked by one House after the other has absolutely rejected a main
proposition (IV, 3442; V, 6258). A difference over an amendment to a
proposed constitutional amendment may be committed to a con-
ference (V, 7037).
While conferences between the two Houses of Congress are usually
§531 Confer ^d over Differences as *° amendments to bills,
ences over matters occasionally differences arise as to the respective
other than differ prerogatives of the Houses (II, 1485-1495) or as to
ences as to matters of procedure (V, 6401), as in impeachment
amendments. proceeedings (III, 2304), which are referred to con-
ference. And in early and exceptional instances conferences have been
asked as to legislative matters when no propositions relating thereto
were pending (V, 6255-6257).
In very rare cases, also, the Houses interchange views and come to
5 532. Confer- conclusions by means of select committees appointed
ences by means on the part of each House (I, 3). Thus, in 1821, a
of select com- joint committee was chosen to consider and report
mittc*s" to the two Houses whether or not it was expedient to
consider and report whether or not Missouri should be admitted to the
Union (IV, 4471), and in 1877 similar committees were appointed to
devise a method for counting the electoral vote (III, 1953).
[258]
S MANUAL
§§533-536.
The parliamentary law provides that the request for a conference
must always be by the House which is possessed of
the PaPers (V> 6254) • Jt was f ormerly the more reg-
ular practice for the House disagreeing to amend-
ments of the other to leave the asking of a conference to that other
House if it should decide to insist (V, 6278-6285, 6324) ; but it is so
usual in the later practice for the House disagreeing to an amendment
of the other to ask a conference that an omission to do so has even raised
a question (V, 6273). Yet it can not be said that the practice requires
a request for a conference to be made by the House disagreeing to the
amendments of the other (V, 6274-6277). One House having asked a
conference at one session, the other House may agree to the conference
at the next session of the same Congress (V, 6286).
In rare instances one House has declined the request of the other for a
§534. Requests conference (V, 6313-6315; March 20, 1951, p. 2683),
for conferences sometimes accompanying it by adherence (V, 6313,
declined or 6315). In one instance, where the Senate declined a
neglected. conference, it transmitted, by message, its reasons
for so doing (V, 6313). Sometimes, also, one House disregards the
request of the other for a conference and recedes from its disagreement,
thereby rendering a conference unnecessary (V, 6316-6318). And in
one case, where one House had asked a conference to which the other
had assented, the asking House receded before the conference took
place (V, 6319). Also, a bill returned to the House with a request for
a conference has been postponed indefinitely (V, 6199) .
The motion to ask a conference is distinct from motions to agree or
disagree to amendments of the other House (V, 6268)
and 1S nOt in °rder ^^^ th6 H°USe haS ^P08^ of
^ne preferential motions to agree, recede, or insist
(V, 6269, 6270). Where a conference results in dis-
agreement, a motion for a new conference is privileged (V, 6586).
Where a motion to request a conference is rejected, it may not be
repeated at the same stage, even though a recess of Congress may have
intervened (V, 6325). Sometimes disagreements are voted on by the
House and conferences asked through the medium of special orders
(IV, 3242-3249).
While usual, it is not essential that one House, in asking a conference,
transmit the names of its managers at the same time
§536. Managers ^ 64Q5)> The managers, properly so called (V,
of conferences. $335)^ constitute practically two distinct committees,
each of which acts by a majority (V, 6334). They are usually three in
[259]
JEFFERSON'S
§§537,538.
number from each House (V, 6336) ; but in the absence of joint rules
each House may appoint whatever numbers it sees fit (V, 6328-6330,
6405), the Speaker in the House frequently fixing the number (V, 6336).
Instances have occurred where one House has appointed three managers
and the other a greater number (V, 6331-6333; VIII, 3221). The
Senate having appointed nine managers and the House only three, a
motion to instruct the Speaker to appoint a greater number of managers
on part of the House was held out of order (VIII, 2193). The Speaker
appoints the managers in the House (Rule X, § 671), selecting them
so as to represent the attitude of the majority and minority of the
House on the disagreements in issue (V, 6336-6338; VIII, 3223); and
while it is usual to represent the party divisions of the House the
representation of opinions as to the pending differences is rather the
more important consideration (V, 6339, 6340). In appointing man-
agers the Speaker usually consults the Member in charge of the bill
(V, 6327), and selects the managers from the committee which reported
the bill (V, 6336) ; but where the committee which has charge holds to
an attitude to which the House disagrees the managers have been
appointed to reflect the views of the House (V, 6369). While the
major part of the managers represent the majority view of the House,
while a minority manager represents the minority, in one instance,
when the prerogatives of the House were involved, all the managers
were selected to represent the majority opinion (V, 6338) . A motion
to instruct the Speaker in appointing conferees is not in order (VIII,
2193, 3221).
Where there were several conferences on a bill, it was the early prac-
§ 537. Reappoint- tice to change the managers at each conference (V,
ment of, at second 6288-6291, 6324) , and so fixed was this practice that
and subsequent their reappointment had a special significance, indi-
conferences. eating an unyielding temper (V, 6352-6368) ; but in
the later practice it is the rule to reappoint managers (V, 6341-6344)
unless a change be necessary to enable the sentiment of the House to
be represented (V, 6369) .
Managers of a conference are excused from service only by authority
vacanci °f the House (V> 6373-6376; VIII, 3224, 3227); but
etc./fn managers *^6 a^sence °^ a manager causes a vacancy which
of inferences. the Speaker fills by appointment (V, 6372; VIII,
3228). Where one House makes a change in its
managers, it informs the other House, by message (V, 6377, 6378).
According to the later practice the powers of managers who have not
[260]
JEFFERSON'S
§§ 539, 540.
reported do not expire by reason of the termination of a session of
Congress, unless it be the last session (V, 6260-6262) .
Conferences may be either simple or free. At a
§539. pariiamen. conference simply written reasons are
£nd w prepared by the House asking it, and
conferences. they are read and delivered, without
debate, to the managers of the other House at the
conference, but are not then to be answered. 4 Grey,
144- The other House then, if satisfied, vote the
reasons satisfactory, or say nothing; if not satisfied
they resolve them not satisfactory and ask a con-
ference on the subject of the last conference, where
they read and deliver, in like manner, written answers
to those reasons. 8 Grey, 188. They are meant
chiefly to record the justification of each House to
the nation at large and to posterity and in proof that
the miscarriage of a necessary measure is not im-
putable to them. 3 Grey, 255. At free conferences
the managers discuss, viva voce and freely, and inter-
change propositions for such modifications as may be
made in a parliamentary way, and may bring the
sense of the two Houses together. * * *
This provision of the parliamentary law bears little relation to the
modern practice of the two Houses of Congress, and
§540. Free and that practice has evolved a new definition: "A free
e^^mo^ern conference is that which leaves the committee of con-
practice, f erence entirely free to pass upon any subject where
the'two branches have disagreed in their votes, not,
however, including any action upon any subject where there has been
a concurrent vote of both branches. A simple conference — perhaps it
should more properly be termed a strict or a specific conference, though
the parliamentary term is 'simple' — is that which confines the com-
62581°— H. Doc. 459, fift-2 18 [261]
JEFFERSON'S. MANUAL
§541.
mittee of conference to the specific instructions of the body appointing
it" (V, 6403). And where the House had asked a free conference it
was held not in order to instruct the managers (V, 6384) . But it is very
rare for the House in asking a conference to specify whether it shall be
free or simple.
In their practice as to the instruction of managers of a conference the
House of Representatives and the Senate do not
§ 541. instruction agree. Only in rare instances has the Senate in-
^^T°fa structed (V, 6398), and these instances are at
variance with its declaration, made after full con-
sideration, that managers may not be instructed (V, 6397). And
where the House has instructed its managers, the Senate has declined
to participate and asked a free conference (V, 6402-6404), In the
later practice the House does not inform the Senate when it instructs
its managers (V, 6399), the Senate having objected to the transmittal
of instructions by message (V, 6400, 6401). In one instance wherein
the Senate learned indirectly that the House had instructed its man-
agers it declared that the conference should be full and free, and in-
structed its own managers to withdraw if they should find the freedom
of the conference impaired (V, 6406) . But the House of Representa-
tives holds to the opinion that the House may instruct its managers
(V, 6379—6382) , although the propriety of doing so at a first conference
is open to serious doubt (V, 6388^ footnote). And in rare instances
where a free conference is asked instruction is not in order (V, 6384) „
At a new conference the instructions of a former conference are not in
force (V, 6383; VIII, 3240). And instructions may not direct the
managers to do that which they might not otherwise do (V, 6386,
6387; VIII, 3235, 3244), as to effect a change in part of a bill not in
disagreement (V, 6391-6394), or change the text to which both Houses
have agreed (V, 6388). Although managers may disregard instruc-
tions, their report may not for that reason be ruled out of order (V,
6395; VIII, 3246), and when a conference report is recommitted with
instructions the managers are not confined to the instructions alone
(VIII, 3247). The motion to instruct managers should be offered
after the vote to ask for or agree to a conference and before the man-
agers are appointed (V, 6379-6382; VIII, 3233, 3240, 3256). The
motion to instruct may be amended unless the previous question be
ordered (V, 6525; VIII, 3231, 3240), and may be laid on the table
without carrying the bill to the table (VIII, 2658). The motion is
debatable unless the previous question is ordered (VIII, 2675, 3240).
[262]
§§542-644.
Only one motion to instruct is in order (VIII, 3236). The ruling out
of a motion to instruct conferees does not preclude the offering of a
proper motion to instruct (VIII, 3235), but one motion to instruct
having been considered and disposed of, further motions to instruct
are not in order (VIII, 3236) . Such additional instructions should have
been offered as amendments to the original motion to instruct.
* * * And each party reports in writing to
§ 542. Pariiamen- their respective Houses the substance
reports of of what is said on both sides, and it is
XSe.fa entered in their journals. 9 Grey, 220;
8 Hats., 280. This report can not be amended or
altered, as that of a committee may be. Journal
Senate, May 24, 1796.
In the two Houses of Congress conference reports were originally
merely suggestions for action and were neither
§ 543. Forms of identical in the two Houses nor acted on as a whole
r^wrtT"* <v> 646&-6471). In the House of Representatives,
Rule XXVIII, provides that conference reports
may be received at any time, except when the Journal is being read,
while the roll is being called or the House is dividing. The early reports
were not signed by the managers (IV, 3905) ; but in the later practice
the signatures of the majority of the managers of each House is required
(V, 6497-6502; VIII, 3295). Sometimes a manager indorses the report
with a conditional approval or dissent (V, 6489-6496, 6538), but supple-
mental reports or minority views may not be filed in connection with
conference reports (VIII, 3302) . The name of an absent manager may
not be affixed, but the two Houses by concurrent action may authorize
him to sign the report after it has been acted on (V, 6488) . The minor-
ity portion of the managers of a conference have no authority to make
either a written or verbal report concerning the conference (V, 6406) .
In the later practice reports of managers are identical, and made in
duplicate for the two Houses, the House managers signing first the
report for their House and the Senate managers signing the other report
first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances
managers may report an entirely new bill on a subject in disagreement, but
this bin is acted on as part of the report (V, 6465-6467; see also § 913).
Managers may report an agreement as to a portion of the amend-
§ 544. Partial con- ments in disagreement, leaving the remainder to be
ference reports. disposed of by subsequent action (V, 6460-6464).
[263]
JEFFERSON'S
§§545-547.
Where managers of a conference are unable to agree, or where a
report is disagreed to in either House, another con-
§546. Reports of ference is usually asked (V, 6288-6291). When
inability to agree. managers report that they have been unable to
agree, the report is not acted on by the House of Representatives (V,
6562; VIII, 3329, Aug. 23, 1957, p. 15816), and need not be printed in
the Record before the amendments in disagreement are again taken
up in the House (VIII, 3299, 3332) . In the earlier practice reports of
inability to agree were made verbally or by unsigned written reports
(V, 6563-6567); but in later practice they are written, in identical
form, and signed by the managers of the two Houses (V, 6568, 6569).
The managers of a conference must confine themselves to the differ-
§ 546. Managers ences committed to them (V, 6417, 6418; VIII, 3252,
restricted to the 3255, 3282), and may not include subjects not within
disagreements of the disagreements (V, 6407, 6408; VIII, 3253-3255,
the two Houses. 3250, 3282, 3284), even though germane to a ques-
tion in issue (V, 6419; VIII, 3256). But they may perfect amendments
committed to them if they do not in so doing go beyond the differences
(V, 6409-6413). Thus, where an amendment providing an appropria-
tion to construct a road had been disagreed to, it was held in order to
report a provision to provide for a survey for the road (V, 6425).
Managers may not change the text to which both Houses have agreed
(V, 6417, 6418, 6420, 6433-6436). But where the amendment in issue
strikes out all of the bill after the enacting clause and substitutes a
new text, the managers have the whole subject before them and may
exercise a broad discretion as to details (V, 6424; VIII, 3266) , and may
even report an entirely new bill on the subject (V, 6421, 6423; VIII,
3248, 3263, 3265, 3276; see also § 913). Where the amendment in
disagreement proposes a substitute differing greatly from the House
provision they may eliminate the entire subject matter (Speaker
Gillett, Sept. 14, 1922, p. 12598).
In the House of Representatives the Speaker may rule out a confer-
§547. Remedy ence report if it be shown that the managers have
where managers exceeded their authority (V, 6409-6416; VIII, 3256).
exceed their in the House points of order against reports are
an onty. made or reserved after the report is read and before
the reading of the statement (V,.6424, 6441; VIII, 3282, 3284, 3285,
3287), or consideration begins (V, 6903-6905; VIII, 3286), or the
report has been agreed to (V, 6442) and in case the statement is read
in lieu of the report the point of order must be made or reserved before
the statement is read (VIII, 3256, 3265, 3285, 3288, 3289).
[264]
JEFFERSON'S MANUAL
§§548-550.
In the Senate under the former practice the Chair did not rule out
conference reports, but the Senate itself expressed its opinion on the
vote to agree to the report (V, 6426-6432) but on March 8, 1918, the
Senate adopted a rule providing for a point of order against conferees
inserting matter not committed to them or changing the text agreed
to by both Houses and also providing for automatic recommitting of
such report to the committee of conference in case the point of order is
sustained. This rule of the Senate has been strictly construed (VIII,
3273, 3275).
Before managers of a conference may report the other House must be
notified of their appointment and a meeting must be
held (Vj 6458)* Conferences are generally held in
*ke Senate portion of the Capitol, and with closed
doors, although in rare instances Members and others
have been admitted to make arguments (V, 6254, footnote, 6263).
Rarely, also, papers in the nature of petitions have been referred to
managers (V, 6263) . The managers of the two Houses vote separately
(V, 6336).
The report of the managers of a conference goes first to one House and
§ 549. Action on a then to the other, neither House acting until it is in
conference report possession of the papers, which means the original bill
in the two Houses. an(j amendments, as well as the report (V, 6322,
6518-6522, 6586; VIII, 3301). The report must be acted on as a whole,
being agreed to or disagreed to as an entirety (V, 6472-6480, 6530-6533;
VIII, 3304, 3305) ; and until the report has been acted on no motion to
deal with the individual amendments is in order (V, 6323, 6389, 6390).
While ordinarily reports are agreed to by majority vote, a two-thirds
vote is required on a report relating to a constitutional amendment (V,
7036). Conference reports must be acted on in both Houses and in a
case where the Senate had adopted a report which recommended that
it recede from its amendments to a House Bill, the House rejected the
report and then agreed to the Senate amendments (March 21, 1956,
p. 5278). A conference report being made up but not acted on at
the expiration of a Congress, the bill is lost (V, 6309). One House
has, by message, reminded the other of its neglect to act on a con-
ference report; but this was an occasion of criticism (V, 6309).
When a conference report is presented, the question on agreeing is
5650. Motions m regarded as pending (V, 6517; VIII, 3300), and as
order during the negative of it is equivalent to disagreement, the
action on a motion to disagree is not admitted (II, 1473; V, 6517;
conference report. yjjj^ 3300^ r^ readmg of the amendments to
[265]
§§551,552.
which the report relates is not In order during its consideration (V,
5298). The report may not be amended on motion made in either
House alone (V, 6534, 6535; VIII, 3306), but amendment is sometimes
made by concurrent action of the two Houses (V, 6536, 6537; VIII,
3308). A motion to refer to a standing committee (V, 6558) or to lay
on the table is not entertained in the House (V, 6538-6544) ; and a
conference report may not be sent to Committee of the Whole on
suggestion that it contains matter ordinarily requiring consideration
in that committee (V, 6559-6561). It is in order on motion to recom-
mit a conference report if the other body, by action on the report,
have not discharged their managers (V, 6545-6553, 6609; VIII, 3310),
and by concurrent action of the two Houses a report may be recom-
mitted after one House had acted on it (VIII, 3308, 3316), but such
a proposition would not be privileged in the House (V, 6554-6557;
VIII, 3309).
A bill being recommitted to the committee of conference, no further
action is taken by the House until it is again reported by the managers
(VIII, 3326, 3327), and when reported is subject to another motion
to recommit (VIII, 3325).
When either House disagrees to a conference report the matter is
left in the position it was in before the conference
§55L Effect of wag ^j^ (y 6525) ^d the amendments in dis-
cbsagreement to a , .«..•• j. /TT - i»*^ i
conference report. agreement come up for further action (II, 1473), but
do not return to the state they were in before dis-
agreement, so that they may be required to go to Committee of the
Whole (V, 6589). Motions for disposition of Senate amendments, send-
ing to conference and instruction of conferees, are again in order (VIII,
3303), but right to recognition passes to opposition (II, 1473-1477).
A conference may be asked, before the House
§552. custody of asking it has come to a resolution of
papers when a disagreement, insisting or adhering. 3
conference is ° 7 ° °
asked before Hats., 269, 341 • In which case the
*fia*reement* papers are not left with the other con-
ferees, but are brought back to be the foundation of
the vote to be given. And this is the most reason-
able and respectful proceeding; for, as was urged by
the Lords on a particular occasion, "it is held vain,
[266]
§5653,554.
and below the wisdom t>f Parliament, to reason or
argue against fixed resolutions; and upon terms of
impossibility to persuade." 3 Hats., 226. * * *
In the Houses of Congress conferences are sometimes asked before a
disagreement, and while the rule as to retention of the papers undoubt-
edly holds good, neglect to observe it has not been questioned (V, 65S5) .
* * * So the Commons say, "an adherence is
never delivered at a free conference,
\ 553. Relations i»i«i«ii
of adherence and which implies debate. 10 Grey, 137.
conference under AT , i • ii T -i
the parliamentary And on another occasion the Lords
law* made it an objection that the Commons
had asked a free conference after they had made
resolutions of adhering. It was then affirmed, how-
ever, on the part of the Commons that nothing was
more parliamentary than to proceed with free con-
ferences after adhering, 3 Hats., 269, and we do in
£ ast see instances of conference, or of free conference,
asked after the resolution of disagreeing, 3 Herts.,
251, 263, 260, 286, 291, 316, 349; of insisting, ib.,
280, 296, 299, 319, 322, 355; of adhering, 869, 270,
283, 300; and even of a second or final adherence.
3 Hats., 270. * * *
The two Houses not observing the parliamentary distinctions as to
free and other conferences, their practice in case of
ofadherenwTand adherence is also different. Conferences are not
conference under asked after an adherence by both Houses, but have
the practice of the often been .asked and granted where only one House
two Houses of ^ Adhered (V, 6241-6244). A vote to adhere
Congress. may ^^ be accompa:Died by a request for a con-
ference (V; 6303; VIII, -3208), as the House that votes to adhere does
not ask a conference (V, 6304-6308). The request for a conference
in such a case is properly accompanied by a motion to insist (V, 6308) .
[2671
JEFFERSON'S
$$555-557.
And the House that has adhered may insist on its adherence when it
agrees to the conference (V, 6325), or it may recede from its adherence
and agree to the conference (V, 6251). But it is not considered
necessary either to recede or insist before agreeing to the conference
(V, 6242, 6244, 6310, 6311).
* * * And in all cases of conference asked
§555. custody of after a vote of disagreement, &c., the
lffe^rsateran conferees of the House asking it are to
conference. leave the papers with the conferees of
the other; and in one case where they refused to
receive them they were left on the table in the con-
ference chamber. 76., 271, 817, 328, 854; 10 Grey,
146.
This principle of the parliamentary law is recognized as of effect in the
§556. Custody of "two Houses of Congress, and is always followed in
papers when cases wherein the managers of the conference come
managers of a to an agreement on which a report may be based,
conference fail to jf conferees of House agreeing to conference sur-
asfree* render papers to House asking conference, report can
be received first by House asking the conference (VIII, 3330). But
where a conference breaks up without reaching any agreement the
managers for the House which asked the conference, who have the
papers by right, are justified in retaining them and carrying them back
to the House (IV, 3905 footnote, V, 6246, 6254, 6571-6584; VIII, 3332).
And in one case wherein under such circumstances the papers were
taken back to the Senate, which was the body agreeing to the confer-
ence, the Senate after consideration sent them to the House, since it
seemed proper for the asking House to take the first action (V, 6573).
But sometimes managers have brought the papers to the agreeing
House without question (V, 6239, footnote).
After a free conference the usage is to proceed with
5 557. Free or in. ^TeQ conf ^ences and not to return again
to a conference. S Hats., 270; 9 Grey,
229.
[268]
JEFFERSON'S
§558.
After a conference denied a free conference may be
asked. 1 Grey, 45
The House of Representatives instructs its managers whenever it
sees fit, without regard to whether or not the preceding conference has
been free or instructed.
When a conference is asked, the subject of it must
fiteo w „ be expressed or the conference not
§ 558. Jrariiamen.- •*•
agreed to. Ord. H. Com., 89; 1 Grey,
4&5 ; 7 Grey, 31. They are sometimes
** held* asked to inquire concerning an offense
or default of a member of the other House. 6 Grey,
181; 1 Chand., 804. Or the failure of the other
House to present to the King a bill passed by both
Houses. 8 Grey, 802. Or on information received
and relating to the safety of the nation. 10 Grey, 171 .
Or when the methods of Parliament are thought by
the one House to have been departed from by the
other a conference is asked to come to a right under-
standing thereon. 10 Grey, 148. So when an un-
parliamentary message has been sent, instead of an-
swering it they ask a conference. 3 Grey, 155. For-
merly an address or articles of impeachment or a bill,
with amendments, or a vote of the House, or concur-
rence in a vote, or a message from the King were
sometimes communicated by way of conference.
6 Grey, 128, 800, 887; 7 Grey, 80; 8 Grey, 210, 255;
1 Torbuck's Deb., 278; 10 Grey, 298; 1 Chandler, 49,
287. But this is not the modern practice. 8 Grey,
255.
[269]
MANtTAL
§§559-662.
9. obsolete
. A conf erence has been asked after the
provision as to £rst reading of a bill. 1 Grey, 194.
conference on . , •
first reading. This is a singular instance.
The House of Representatives has no procedure conforming to this
provision.
SEC. XLVH, - MESSAGES.
§560. Messages Messages between the Houses are to
sent only when ^6 sent only while both Houses are
DOtn Mouses are **
sitting. 8 Hats., 15. * * *
Formerly this rule was observed (V, 6605, 6604), but since the Sixty-
second Congress messages have been received when the Senate was not
in session (VIII, 3338).
* * * • They are received during a
§561. Messages * . „ °
received during debate without adjourning the debate.
debate- 3 ffafe., 00.
In the House of Representatives messages are received during debate,
the Member having the floor yielding on request of the Speaker.
In Senate the messengers are introduced in any
§562. Kecep^n *&%&& °^ business, except: 1. While a
question is being put. 2. While the
during voting, m ^ !• 11 JO
absence of a yeas and nays are being called. 3.
guornm, etc. While the ballots are being counted.
The first case is short; the second and third are cases
where any interruption might occasion errors difficult
to be corrected. So arranged June 15, 1798.
In the House of Representatives messages are not received while a
question is being put, during a division by rising vote, or during a vote
by tellers; but they are received during the call of the yeas and nays,
during consideration of a question of privilege (V, 6640-6642), during
a call of the House (V, 6600, 6650; VIII, 3339), and before the organiza-
tion of the House (V, 6647-6649). But the Speaker exercises his
discretion about interrupting the pending business (V, 6602).
[270]
JEFFERSON'S
§§563-565.
In the House of Representatives, as in Parliament,
§563. informal ^ the House ^ *& committee when a
rising of messenger attends, the Speaker takes
Committee of the . • , i
whole to receive tile chair to receive the message, and
a message. then quits it to return into committee
without any question or interruption. 4 Grey, 226.
564 salutation Messengers are not saluted by the
of messengers by Members, but by the Speaker for the
the Speaker. g^^ £ ^^ 868,874-
The practice of the House of Representatives as to reception of
messages is founded on this paragraph of the parliamentary law and on
the former joint rules (V, 6591-6595). The Speaker, with a slight
inclination, addresses the messenger, by his title, after the messenger,
with an inclination, has addressed "Mr. Speaker" (V, 6591).
If messengers commit an error in delivering their
message, they may be admitted or called
§ 565. Correction . , . <~
and return of in to correct their message. 4 Grey, 41 «
Accordingly, March 13, 1800, the Sen-
ate having made two amendments to a bill from the
House of Representatives, their Secretary, by mistake,
delivered one only, which being inadmissible by itself,
that House disagreed, and notified the Senate of
their disagreement. This produced a discovery of
the mistake. The Secretary was sent to the other
House to correct his mistake, the correction was
received, and the two amendments acted on de novo.
The request of the Senate that its Secretary be allowed to correct an
error in a message was granted by order of the House (V, 6605), and in a
similar case, when the House directed its clerk to correct an error in a
message to the Senate, the Senate agreed to the correction (V, 6607).
In the House a proposition to correct an error in a message to the Senate
£271]
JEFFERSON'S
§§566-568.
is received as a question of privilege (III, 2613) . One House sometimes
asks of the other the return of a message (V, 6609-6611).
As soon as the messenger who has brought bills
from the other House has retired, the
Speaker holds the bills in his hand; and
reception. acquaints the House "that the other
House have by their messenger sent certain bills/'
and then reads their titles, and delivers them to the
Clerk to be safely kept till they shall be called for to
be read. Hakew., 178.
In the House of Representatives the message goes to the Speaker's
table, but the Speaker does not acquaint the House, as they have al-
ready heard the message. From the Speaker's table messages are dis-
posed of under Rule XXIV, cl. 2.
It is not the usage for one House to inform the other
by what numbers a bill is passed. 10
§ 567. Information ^ ^
by message as to Grey, ISO. Yet they have sometimes
biiis passed. recommended a bill, as of great impor-
tance, to the consideration of the House to which it
is sent. S Hats., 25. * * *
The Houses of Congress do not communicate by what numbers a bill
is passed, or otherwise recommend their bills.
* * * Nor when they have rejected a bill
§568. information from the other House, do they give
by message^ to notice of it ; but it passes sub silentio,
rejection of bills. ; r 7
to prevent unbecoming altercations. 1
Blackst., 183.
But in Congress the rejection is notified by message
to the House in which the bill originated.
In the two Houses of Congress the rejection of a bill is notified to the
House in which the bill originated, as in the days of Jefferson, although
[272]
JEFFERSON'S MANUAL
§§ 569-571.
the joint rule requiring it has disappeared (IV, 3422; V, 6601). And in a
case -wherein the House had stricken out the enacting words of a Senate
bill, the Senate was notified that the bill had been rejected (IV, 3423;
VIII, 2638).
A question is never asked by the one House of the
§569. Questions other by way of message, but only at a
^n^ence,not conference; for this is an interrogatory,
by message. not a message. 3 Grey, 151, 181.
In 1798 the House of Representatives asked of the Senate a question
by way of conference, but this appears to be the only instance (V, 6256) .
When a bill is sent by one House to the other, and
§570. Messages is neglected, they may send a message
astoneslected ^ remin(J them of -^ g ff^^ gg.
5 Grey, 154- But if it be mere inattention, it is
better to have it done informally by communication
between the Speakers or Members of the two Houses.
It does not appear that either House of Congress has reminded the
other of a neglected bill.
Where the subject of a message is of a nature that
§57i. Messages it can properly be communicated to
patent to <*e both Houses of Parliament, it is ex-
two Houses, pected that this communication should
be made to both on the same day. But where a
message was accompanied with an original declara-
tion, signed by the party to which the message re-
ferred, its being sent to one House was not noticed
by the other, because the declaration being original,
could not possibly be sent to both Houses at the
same time. 2 Hats., 260, 261, 262.
The King having sent original letters to the Com-
[273]
MANUAL
§872.
mons afterward desires they may be returned, that
he may communicate them to the Lords. 1 Chan-
dler, SOS.
A message of the President of the United States is usually communi-
cated to both Houses on the same day when its nature permits (V,
6590) ; but an original document accompanying can, of course, be sent
to but one House (V, 6616, 6617). The President having by inad-
vertence included certain papers in a message, was allowed to withdraw
them (V, 6651). *
SEC. XLVIII. ASSENT.
The House which has received a bill and passed it
§572 Pariia- m8iy Presen* & ^OY ^e King's assent,
mentaiyiawasto and ought to do it, though they have
presenting a bill , ° .- ** ,1^1
for the King's not by message notified to the other
assent* their passage of it. Yet the notifying
by message is a form which ought to be observed
between the two Houses from motives of respect and
good understanding. 2 Hats., 242. Were the bill
to be withheld from being presented to the King, it
would be an infringement of the rules of Parlia-
ment. 76.
In the House of Representatives it was held that where there had been
no unreasonable delay in transmitting an enrolled bill to the President,
a resolution relating thereto did not present a question of privilege
(III, 2601).
« In House of Representatives roll call is suspended at the discretion
of the Speaker to receive messages from the President, but this is seldom
done.
[274]
S MANUAL
§§ 573-575.
When a bill has passed both Houses of Congress,
§575. Pariia- the House last acting on it notifies its
SS^rfMto passage to the other, and delivers the
bflls- bill to the Joint Committee of Enroll-
ment, who sees that it is truly enrolled in parchment.
When the bill is enrolled it is not to be written in
paragraphs, but solidly, and all of a piece, that the
blanks between the paragraphs may not give room
for forgery. 9 Grey, 148. * * *
Formerly the enrollment in the House of Representatives and the
§574. Practice of Senate was in writing (IV, 3436, 3437); but in 1893
the two Houses of ^fle *wo Houses, by concurrent resolution, provided
Congress as to that bills should be enrolled on parchment by print-
enrollment of ing instead of by writing, and also that the engross-
biUs% ment of bills prior to sending them to the other
House for action should be in printing (IV, 3433), and in 1895 this
concurrent resolution was approved by statute (IV, 3435) . In the last
six days of a session of Congress the two Houses, by concurrent resolu-
tion, may permit the enrolling and engrossing to be done by hand
(IV, 3435, 3438). Only in a very exceptional case have the two
Houses waived the requirement that bills -shall be enrolled (IV, 3442).
The enrolling clerk should make no change, however unimportant, in
the text of a bill to which the House has agreed (III, 2598) ; but the
two Houses may by concurrent resolution authorize the correction of
an error when -enrollment is made (IV, 3446-3450), and this seems a
better practice than earlier methods by authority of the Committee
on Enrolled Bills (IV, 3444, 3445). (NOTE.— The Committee on
Enrolled Bills was abolished under the Legislative Reorganization Act
of 1946, and its powers and duties transferred to the Committee on
House Administration.)
* * * It is then put into the hands of the Clerk
§ 575. signing of of the House of Representatives to have
ZSSSZS* ' it s^ed by the Speaker. The Clerk
President. then brings it by way of message to the
Senate to be signed by their President. The Secre-
[275]
MANUAL
$5 576, 577.
tary of the Senate returns it to the Committee of
Enrollment, who present it to the President of the
United States. * * *
The practice of the two Houses of Congress for the signing of enrolled
bills was formerly governed by joint rules, and has continued since
those rules were abrogated in 1876 (IV, 3430). The bills are signed
first by the Speaker, then by the President of the Senate (IV, 3429).
By unanimous consent where errors are found in enrolled bills that have
been signed, the two Houses by concurrent action may authorize the
cancellation of the signatures and a reenrollment (IV, 3453-3459), and
in the same way the signatures may be cancelled on a bill prematurely
enrolled (IV, 3454).
A Speaker pro tempore elected by the House (II, 1401) or whose
§ 576. Authority designation has received the approval of the House
of pro tempore (II, 1404; VI, 277), signs enrolled bills; but a Member
presiding officers merely called to the chair during the day (II, 1399,
* rfe* Boiled 1400; VI, 276), or designated in writing by the
Speaker, does not exercise this function (II, 1401).
The Senate, by rule, has empowered a presiding officer by written
designation to sign enrolled bills (II, 1403).
In early days a joint committee took enrolled bills to the President
§ 577. Presenta- (Iv, 3432) ; but in the later practice the chairman of
tion of enrolled the committee for each House presents the bills from
bills to the hig House, and submits from his committee daily a
President. report of the bills presented for entry in the journal
(IV, 3431). Enrolled bills pending at the close of a session have, at
the next session of the same Congress, been ordered to be treated as
if no adjournment had taken place (IV, 3487, 3488). And enrolled
bills signed by the presiding officers at one session have been sent to the
President and approved at the next session of the same Congress
(IV, 3486).
£276]
JEFFERSON'S MANUAL
§5 578-580
SEC. XLIX. — JOUKNALS.
*****
If a question is interrupted by a vote to adjourn, or
to proceed to the orders of the day, the
original question is never printed in the
entry of motions journal, it never having been a vote, nor
in the journal. • , i , , ,
introductory to any vote; but when
suppressed by the previous question, the first ques-
tion must be stated, in order to introduce and make
intelligible the second. 2 Hats., 83.
This provision of the parliamentary law is superseded by Rule XVI,
cl. 1.
So also when a question is postponed, adjourned, or
laid on the table, the original question,
LfrL^uei- though not yet a vote, must be ex-
tions postponed, pressed in the journals, because it
or laid on the table. ^ » i /.
makes part of the vote of postponement,
adjourning, or laying it on the table.
In the House of Representatives a question is not adjourned, except
in the sense that it may be left to go over as unfinished business by
reason of a vote to adjourn.
Where amendments are made to a question,
those amendments are not printed in
§580. Entryof ^
amendments m the journals, separated from the ques-
the jonmai. fton] but only the question as finally
agreed to by the House. The rule of entering in
the journals only what the House has agreed to,
is founded in great prudence and good sense, as
62581° — H. Doc. 459, 86-2 19 [277]
$§ 581, 582.
there may be many questions proposed which it
may be improper to publish to the world in the
form in which they are made. 2 Hats., 85.
In the practice of the House of Representatives a motion to amend
is entered on the Journal as any other motion, under Rule XVI, cL 1.
§ SSL Entry of The first order for printing the votes
of the House of Commons was October
30, 1685. 1 Chandler, 387.
Some judges have been of opinion that the jour-
nals of the House of Commons are
§ 582. The jour-
nai as an official no records, but only remembrances.
record.
Lex. ParZ., 114, 115; Jour. H. C., Mar. 17, 1592;
Hale, ParL, 105. For the Lords in their House
have power of judicature, the Commons in their
House have power of judicature, and both Houses
together have power of judicature; and the book of
the Clerk of the House of Commons is a record, as
is affirmed by act of ParL, 6 H. 8, c. 16; 4 Inst., 28,
24; and every member of the House of Commons
hath a judicial place. 4 Inst., 15. As records they
are open to every person, and a printed vote of
either House is sufficient ground for the other to
notice it. Either may appoint a committee to
inspect the journals of the other, and report what
has been done by the other in any particular case.
2 Hats., 261; 8 Hats., 27-30. Every member has
a right to see the journals and to take and publish
[278]
§§ 583-585.
votes from them. Being a record, every one may
see and publish them. 6 Grey, 118, 119,
The Journal of the House of Representatives Is the official record
of the proceedings of the House (IV, 2727), and certified copies are
admitted as evidence in the courts of the United States (IV, 2810;
28 U. S. C. 1736). A Senate committee concluded that the Journal
entries of a legislative body were conclusive as to all the proceedings
had, and might not be contradicted by ex parte evidence (I, 563).
On information of a misentry or omission of an
§ 583. correction entry in the journal, a committee may
^uglT™1 be appointed to examine and rectify it,
committee. an(j report it to the House. 2 Hats.,
194,
SEC. L, - ADJOURNMENT.
The two Houses of Parliament have the sole, sepa-
§584. Pariia- rate? and independent power of ad-
each their respective Houses.
adjournment of . .
the commons and The King has no authority to adjourn
Ix>rds" them; he can only signify his desire,
and it is in the wisdom and prudence of either House
to comply with his requisition, or not, as they see
fitting. * Hats., 232; 1 BlacksL, 186; 5 Grey, 122.
# * * # *
A motion to adjourn, simply cannot be amended,
as by adding "to a particular day;"
§ 585. Motion to J & , * i ttj.^ j. A-
adjourn not to be but must be put simply that this
amended. House do now adjourn;^ and if car-
ried in the affirmative, it is adjourned to the next
sitting day, unless it has come to a previous resolu-
[279]
JEFFERSON'S MANUAL
§586.
tion, "that at its rising it will adjourn to a particular
day," and then the House is adjourned to that day.
8 Hats., 82.
This rule is of effect in the modern practice of the House of Repre-
sentatives (Rule XVI, cl. 4).
Where it is convenient that the business of the
§586. Motion for House be suspended for a short time,
a recess. ag .for a conference presently to be
held, &c., it adjourns during pleasure; 2 Hats., 305;
or for a quarter of an hour. 4 Grey, 331 .
An adjournment during pleasure is effected in the House of Repre-
sentatives by a motion for a recess. A recess may not be taken by less
than a quorum (IV, 2958-2960), and consequently the motion for it is
not in order in the absence of a quorum (IV, 2955-2957). When the
hour previously fixed for a recess arrives, the Chair declares the House
in recess even in the midst of a division or when a quorum is not present
(V, 6665, 6666; VI, 664) ; but a roU call is not in this way interrupted (V,
6054, 6055). Where a special order requires a recess at a certain hour
of a certain day, the recess is not taken if the encroachment of a prior
legislative day prevents the existence of the said certain day as a
legislative day (IV, 3192). And an adjournment at a time prior to
the hour fixed for a recess vacates the recess (IV, 3283). A motion
for a recess must, when entertained, be voted on, even though the
taking of the vote may have been prevented until after the hour
specified for the conclusion of the proposed recess (V, 6667). A Com-
mittee of the Whole takes a recess only by permission of the House
(V, 6669-6671 ; VIII, 3362) . The motion for a recess is not privileged
(V, 5301, 5302, 6740) against a demand that business proceed in the
regular order (V, 6663; VIII, 3354-3356). «
a During session of Congress neither House shall adjourn for more
than three days without consent of the other. (Constitution U. S.,
art. 1, sec. 6, par. 1.)
[280]
'
JEFFERSON'S
§§ 587, 588.
If a question be put for adjournment, it is no ad-
§ ss? Adjonm. joumment till the Speaker pronounces
ment pronounced it. 5 Grey, 137. And from courtesy
by the speaker. a^ respect, no member leaves his place
till the Speaker has passed on.
SEC. LI. - A SESSION.
Parliament have three modes of separation, to wit:
§ 588. sessions of b7 adJ oununezit, by prorogation or dis-
pariiament. solution by the King, or by the efflux
of the term for which they were elected. Prorogation
or dissolution constitutes there what is called a ses-
sion; provided some act was passed. In this case
all matters depending before them are discontinued,
and at their next meeting are to be taken up de novo,
if taken up at all. 1 BlacksL, 186. Adjournment,
which is by themselves, is no more than a continuance
of the session from one day to another, of for a fort-
night, a month, &c., ad libitum. All matters depend-
ing remain in statu quo, and when they meet again,
be the term ever so distant, are resumed, without any
fresh commencement, at the point at which they were
left. 1 Lev., 165; Lex. ParL, c. 2; 1 Ro. Rep., 29; 4
InsL, 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac.,
L. Diet. Parliament; 1 Blackst., 186. Their whole
session is considered in law but as one day, and has
relation to the first day thereof. Bro. Abr. Parlia-
ment, 86.
[281]
JEFFERSONS
5§ 589, 590.
Committees may be appointed to sit during a
§589. sitting of recess by adjournment, but not by
prorogation. 5 Grey, 374; 9 Grey, 350;
of concussions to Chandler* SO. Neither House can
sit after Congress . - . ,f .
adjourns. contmue any portion of itself in any
parliamentary function beyond the end of the session
without the consent of the other two branches. When
done, it is by a bill constituting them commissioners
for the particular purpose.
The House of Representatives may empower a committee to sit dur-
ing a recess which is within the constitutional term of the House (IV,
4541-4543), but not thereafter (IV, 4545). Therefore committees are
created commissioners by law if their functions are to extend beyond
the term of the Congress (IV, 4545) .
Congress separate in two ways only, to wit, by
§590. sessions and adjournment, or dissolution by the
recesses of congress, efflux of their time. What, then, con-
stitutes a session with them? A dissolution certainly
closes one session, and the meeting of the new Con-
gress begins another. The Constitution authorizes
the President, "on extraordinary occasions to con-
vene both Houses, or either of them/' /, 8. If con-
vened by the President's proclamation, this must
begin a new session, and of course determine the pre-
ceding one to have been a session, So if it meets
under the clause of the Constitution which says, f 'the
Congress shall assemble at least once in every year,
and such meeting shall be on the first Monday in
December, unless they shall by law appoint a different
day." I, 4- This must begin a new session; for
[282]
JEFFERSON'S MANUAL.
§591.
even if the last adjournment was to this day the act
of adjournment is merged in the higher authority of
the Constitution, and the meeting will be under that,
and not under their adjournment. So far we have
fixed landmarks for determining sessions. * * *
In the later practice of Congress it has beau established that when the
two Houses adjourn for more than three days and not to or beyond a
day fixed by Constitution or law for the next regular session to begin,
the session is not thereby necessarily terminated (V, 6676, 6677).
And in one instance the two Houses by concurrent resolution provided
for adjournment to a certain day with a provision that if there be no
quorum present on that day the session should terminate (V, 6686).
Prior to the adoption of the twentieth amendment in the later but
not the earlier practice the fact that Congress had met once within the
year did not make uncertain the constitutional mandate to meet on
the first Monday of December (I, 10, 11). And where a special session
continued until the time prescribed by the Constitution for the annual
meeting without an appreciable intervening time (V, 6690, 6692),
a question arose as to whether there had actually been a recess of
Congress (V, 6687, 6693), with the conclusion that a recess was a real
and not an imaginary time (V, 6687). (NOTE. — The Twentieth
amendment to the Constitution provides now for the meeting of
Congress on the 3d of January).
* * * In other cases it is declared by the joint
§591. Manner of vote authorizing the President of the
by'actionT^1 Senate and the Speaker to close the
two Houses. session on a fixed day, which is usually
in the following form: "Resolved by the Senate and
House of Representatives, that the President of the
Senate and the Speaker of the House of Representa-
tives be authorized to close the present session by
adjourning their respective Houses on the day
of ."
[283]
JTEITERSON'S
2, 593.
In the modern practice the resolving clause of the concurrent resolu-
tion is in form different from that given by Jefferson (§ 969). At the
close of the first session of the Sixty-sixth Congress, the two Houses
adjourned sine die under authority granted each House by simple
resolutions consenting to such adjournment sine die at any time prior
to a specified date (November 19, 1919, p. 8810). Pursuant to House
Concurrent Resolution 266, 83d Congress, the House adjourned sine die
on August 20, 1954, with consent of the House to adjournment sine die
of the Senate at anytime prior to December 25, 1954 (August 20, 1954,
p. 15554).
When it was said above that all matters depending
before Parliament were discontinued by
the determination of the session, it was
not meant for judiciary cases depend-
ing before the House of Lords, such as
impeachments, appeals, and writs of error. These
stand continued, of course, to the next session.
Raym., 120, 381; Ruffh. Fac., L. D., Parliament.
Impeachments stand, in like manner, continued
before the Senate of the United States.
In the House of Representatives Rule XXVI and the practice there-
under show that the two Houses of Congress have departed from the
law of Parliament.
SEC. LII. — TREATIES.
Treaties are legislative acts. A treaty is the law
§593. General nature of the land. It differs from other laws
of treaties. onjy ag ft must have the consent of a
foreign nation, being but a contract with respect to
that nation. In all countries, I believe, except Eng-
land, treaties are made by the legislative power; and
there, also, if they touch the laws of the land they
must be approved by Parliament. Ware v. Hylton,
3 Dallas' s Rep., 223. It is acknowledged, for in-
[284]
JEFFERSON'S MANUAL
§594.
stance, that the King of Great Britain cannot by a
treaty make a citizen of an alien. Vattel, b. 1, c. 19,
sec. 214- An act of Parliament was necessary to val-
idate the American treaty of 1783. And abundant
examples of such acts can be cited. In the case of
the treaty of Utrecht, in 1712, the commercial articles
required the concurrence of Parliament; but a bill
brought in for that purpose was rejected. France,
the other contracting party, suffered these articles,
in practice, to be not insisted on, and adhered to the
rest of the treaty. 4 Russell's Hist. Mod. Europe,
457; 2 Smollet, 242, 246.
By the Constitution of the United States this de-
§ 594. Jefferson's partment of legislation is confined to
two branches only of the ordinary legis-
lature— the President originating and
the Senate having a negative. To what subjects this
power extends has not been defined in detail by the
Constitution; nor are we entirely agreed among our-
selves. 1. It is admitted that it must concern the
foreign nation party to the contract, or it would be a
mere nullity, res inter alias acta. 2. By the general
power to make treaties, the Constitution must have
intended to comprehend only those subjects which
are usually regulated by treaty, and can not be other-
wise regulated. 3. It must have meant to except out
of these the rights reserved to the States; for surely
the President and Senate can not do by treaty what
the whole Government is interdicted from doing in
[285]
JEFFERSON'S
§§595,596.
any way. 4. And also to except those subjects of
legislation in which it gave a participation to the
House of Representatives, This last exception is de-
nied by some on the ground that it would leave very
little matter for the treaty power to work on. The
less the better, say others. The Constitution thought
it wise to restrain the Executive and Senate from
entangling and embroiling our affairs with those of
Europe. Besides, as the negotiations are carried on
by the Executive alone, the subjecting to the ratifi-
cation of the Representatives such articles as are
within their participation is no more inconvenient
than to the Senate. But the ground of this excep-
tion is denied as unfounded. For examine, e. g.; the
treaty of commerce with France, and it will be found
that, out of thirty-one articles, there are not more
than small portions of two or three of them which
would not still remain as subjects of treaties, un-
touched by these exceptions.
The participation of the House of Representatives in the treaty-
making power has been often examined since Jef-
Lti'on^tJteHouse ferson;s Manual was written. The House has in
as to treaties. several instances taken action in carrying into effect,
terminating, enforcing, and suggesting treaties (II,
1502-1605, 1520-1522), although sometimes the propriety of requesting
the Executive to negotiate a treaty has been questioned (II, 1514-1517).
The exact authority of the House in the making of general treaties
has been the subject of differences of opinion, In
JtottwS^to °f 1796 tke House Affirmed that when a treaty related
treaties in general. to subjects within the power of Congress it was the
constitutional duty of the House to deliberate on the
expediency of carrying such treaty into effect (II, 1509); and in 1816,
after a discussion with the Senate, the House maintained its position
[286]
JEFFERSON'S MANUAL*
§§ 597-599.
that a treaty must depend on a law of Congress for its execution as to
such stipulations as relate to subjects constitutionally intrusted to
Congress (II, 1506). In 1868 the House's assertion of right to a voice
in carrying out the stipulations of certain treaties was conceded in a
modified form (II, 1508). Again, in 1871, the House asserted its
prerogative (II, 1523). In 1820 and 1868 there were discussions of the
House's functions as to treaties ceding or acquiring foreign territory
(II, 1507, 1508), and at various other times there have been discussions
of the general subject (II, 1509, 1546, 1547; VI, 324-326).
After long and careful consideration the Judiciary Committee of the
House decided, in 1887, that the executive branch of
the Government niight not conclude a treaty
reTenuetreaties. affecting the revenue without the assent of the
House (II, 1528-1530), and a Senate committee after
examination concluded that duties were more properly regulated with
the publicity of congressional action than by treaties negotiated by the
President and ratified by the Senate in secrecy (II, 1532) . In practice
the House has acted on revenue treaties (II, 1531, 1533) ; and in 1880 it
declared the negotiation of a revenue treaty an invasion of its pre-
rogatives (II, 1524). At other times the subject has been discussed
(II, 1525-1528, 1531, 1533).
After long discussion the House, in 1871, successfully asserted its
§ 598. House right to a voice in approving Indian treaties (II,
approves Indian 1535, 1536), although in earlier times this preroga-
treaties. ^.jve j^ been jealously guarded by the Executive
(II, 1534).
There have been various conflicts with the Executive over requests
of the House for papers relating to treaties (II, 15Q&-1513, 1518, 1519,
1561).
Treaties being declared, equally with the laws of
§ 599. Treaties the United States, to be the supreme
abrogated by iaW. jftw of t^ land? it jg understood that an
act of the legislature alone can declare them infringed
and rescinded. This was accordingly the process
adopted in the case of France in 1798.
Notice to a foreign government of the abrogation of a treaty is
authorized by a joint resolution (V, 6270).
[287]
JEFFERSON'S MANUAL
§§ 600, 601.
It has been the usage for the Executive, when it
communicates a treaty to the Senate
§ 600. Procedure . ,.^» .. ,
of the senate as for their ratification, to communicate
to treaties. ajgQ ^ correSpOndence of the nego-
tiators. This having been omitted in the case of the
Prussian treaty, was asked by a vote of the House of
February 12, 1800, and was obtained. And in
December, 1800, the convention of that year between
the United States and France, with the report of
the negotiations by the envoys, but not their in-
structions, being laid before the Senate, the instruc-
tions were asked for and communicated by the
President.
The mode of voting on questions of ratification is
by nominal call.
The Senate now has rules governing its procedure on treaties.
SEC. Lin. — IMPEACHMENT.
These are the provisions of the Constitution of the
United States on the subject of im-
peachments. The following is a sketch
°^ some °f *^e principles and practices
of England on the same subject:
Jurisdiction. The Lords can not impeach any to
themselves, nor join in the accusation, because they
are the judges. Seld. Judic. in ParL, 12, 68. Nor
can they proceed against a commoner but on com-
plaint of the Commons. Ib., 84. The Lords may
[288]
JEFFERSON'S MANUAL
§602.
not, by the law, try a commoner for a capital offense,
on the information of the King or a private person,
because the accused is entitled to a trial by his peers
generally; but on accusation by the House of Com-
mons, they may proceed against the delinquent, of
whatsoever degree, and whatsoever be the nature of
the offense; for there they do not assume to them-
selves trial at common law. The Commons are then
instead of a jury, and the judgment is given on their
demand, which is instead of a verdict. So the Lords
do only judge, but not try the delinquent. /&., 6, 7.
But Wooddeson denies that a commoner can now be
charged capitally before the Lords, even by the
Commons; and cites Fitzharris's case, 1681, im-
peached of high treason, where the Lords remitted
the prosecution to the inferior court. 8 Grey's Deb.,
325-7; 2 Wooddeson, 676, 601; 8 Seld., 1604, 1610,
1618, 1619, 1641; 4 Blackst, 25; 9 Seld., 1656; 73
Seld., 1604-18.
Accusation. The Commons, as the grand inquest
of the nation, becomes suitors for penal
Justice. 2 Wood., 597; 6 Grey, 356.
impeachment. The general course is to pass a resolu-
tion containing a criminal charge against the sup-
posed delinquent, and then to direct some member
to impeach him by oral accusation, at the bar of the
House of Lords, in the name of the Commons. The
person signifies that the articles will be exhibited,
and desires that the delinquent may be sequestered
[289]
JEFFERSON'S
§§603-605.
from his seat, or be committed, or that the peers will
take order for his appearance. Sachev. Trial, 825;
2 Wood., 602, 605; Lords' Journ., 5 June, 1701; 1
Wms., 616; 6 Grey, S24*
In the House of Representatives there are various methods of setting
503 jace tion an impeachment in motion: by charges made on the
of imieachLnt floor on the responsibility of a Member or Delegate
proceedings in the (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528,
House. 535, 536) ; by charges preferred by a memorial, which
is usually referred to a committee for examination (III, 2364, 2491,
2494, 2496, 2499, 2515; VI, 552); by a message from the President
(III, 2294, 2319; VI, 498); by charges transmitted from the legislature
of a State (III, 2469) or Territory (III* 2487) or from a grand jury
(III, 2488) ; or from facts developed and reported by an investigating
committee of the House (III, 2399, 2444).
A direct proposition to impeach is a question of high privilege in the
§ 604 A proposi- House and at once supersedes business otherwise in
tion to impeach a order under the rules governing the order of business
question of (Hi, 2045-2048; VI , 468, 469). It may not even be
prmiege. superseded by an election case, which is also a matter
of high privilege (III, 2581). It does not lose its privilege from the
fact that a similar proposition has been made at a previous time during
the same session of Congress (III, 2408), previous action of the House
not affecting it (III, 2053). So, also, propositions relating to an im-
peachment already made are privileged (III, 2400, 2402, 2410) such
as resolutions providing for selection of managers of an impeachment
(VI, 517), proposing abatement of impeachment proceedings (VI,
514) ; but a resolution simply proposing an investigation, even though
impeachment may be a possible consequence, is not privileged (III,
2050, 2546 ; VI, 463) . But where a resolution of investigation positively
proposes impeachment or suggests that end, it has been admitted as of
privilege (III, 2051, 2052, 2401, 2402).
The impeachment having been made on the floor by a, Member (III,
2342, 2400; VI, 525, 526, 528, 535, 536) ; or charges
tio^of^wSir suggesting impeachment having been made by
ment charges. " memorial (III, 2495, 2516; 2520, VI, 552) or even
appearing through common fame (III, 2385, 2506),
the House has at times ordered an investigation at once. At other
times it has refrained from ordering investigation until the charges had
[290]
s MANUAL
§§606-60$.
been examined by a committee (III, 2364, 2488, 2491, 2492, 2494,
2504, 2513).
The House has always examined the charges by its own committee
before it has voted to impeach (III, 2294, 2487, 2501).
*606" P^° 6 Tllis commit<fc^^ na$ sometimes been a select commit-
tee (UI> 2342> 2487> 2494)» sometimes a standing
committee (III, 2400, 2409). In some instances the
committee has made its inquiry ex parte (III, 2319, 2343, 2366, 2385,
2403, 2496, 2511) ; but in the later practice the sentiment of committees
has been in favor of permitting the accused to explain, present wit-
nesses, cross-examine (III, 2445, 2471, 2518), and be represented by
counsel (III, 2470, 2501, 2511, 2516).
Its committee on investigation having reported, the House may vote
the impeachment (III, 2367, 2412), and, after ha ving
notified the Senate by message (III, 2413, 2446),
mav direct ^Q impeachment to be presented at the
bar of the Senate by a single Member (III, 2294),
or by two (III, 2319, 2343, 2367), or even five Members (III, 2445).
These Members in one notable case represented the majority party
alone, but ordinarily include representation of the minority party (III,
2445, 2472, 2505). The chairman of the committee impeaches at the
bar of the Senate by oral accusation (III, 2413, 2446, 2473), and
requests that the Senate take order as to appearance; but in only one
case has the parliamentary law as to sequestration and committal been
followed (III, 2118, 2296), later inquiry resulting in the conclusion
that the Senate had no power to take into custody the body of the
accused (III, 2324, 2367). Having delivered the impeachment the
committee return to the House and report verbally (III, 2413, 2446;
VI, 501).
Process. If the party do not appear, proclamations
§ BOS. The ™t are to be issued, giving him a day to ap-
ap^^of0' Pear- On their ^urn they are strictly
respondent. examined. If any error be found in
them, a new proclamation issues, giving a short day.
If he appear not, his goods may be arrested, and they
may proceed. Seld. Jud., 98, 99.
[291]
JEFFERSON'S MANUAL.
§§ 609, 610.
The managers for the House of Representatives attend in the Senate
after the articles have been exhibited and demand that process issue for
the attendance of respondent (III, 2451, 2478), after which they return
and report verbally to the House (III, 2423, 2451; VI, 501). The
Senate thereupon issue a writ of summons, fixing the day of return
(III, 2423, 2451) ; and in a case wherein the respondent did not appear
by person or attorney the Senate published a proclamation for him to
appear (III, 2393). But the respondent's goods were not attached.
Articles. The accusation (articles) of the Com-
mons is substituted in place of an
§ 609. Exhibition . f
and form of indictment. Thus, by the usage of
articles. Parliament, in impeachment for writing
or speaking, the particular words need not be speci-
fied. Sack. Tr., 825; 2 Wood., 602, 605; Lords'
Journ., 3 June, 1701; 1 Wms., 616.
The House of Representatives exhibits its articles after the impeach-
ment has been carried to the bar of the Senate. The managers, who are
elected by the House (III, 2300, 2345, 2417, 2448) or appointed by the
Speaker (III, 2388, 2475), carry the articles in obedience to a resolution
of the House (III, 2417, 2419, 2448) to the bar of the Senate (III, 2420,
2449, 2476), the House having previously informed the Senate (III,
2419, 2448) and received a message informing them of the readiness of
the latter body to receive the articles (III, 2078, 2325, 2345) . Having
exhibited the articles the managers return and report verbally to the
House (III, 2449, 2476). The articles in the Belknap impeachment
were held sufficient, although attacked for not describing the respondent
as one subject to impeachment (III, 2123). These articles are signed
by the Speaker and attested by the Clerk (III, 2302, 2449), and in form
approved by the practice of the House (III, 2420, 2449, 2476).
Appearance. If he appear, and the case be
§ eio. Pariia- capital, he answers in custody; though
^^^rto n°* if the accusation be general. He
respondent. fc -^ fo fa committed but on special
accusations. If it be for a misdemeanor only, he
[292]
JEFFERSON'S MANUAL
§611.
answers, a lord in his place, a commoner at the
bar, and not in custody, unless, on the answer,
the Lords find cause to commit him, till he finds
sureties to attend, and lest he should fly. Seld.
Jud.} 98, 99. A copy of the articles is given him,
and a day fixed for his answer. T. Ray.; 1 Rushw.,
268; Post, 232; 1 Clar. Hist, of the Reb., 379. On a
misdemeanor, his appearance may be in person, or
he may answer in writing, or by attorney. Seld.
Jud.} 100. The general rule on accusation for a
misdemeanor is, that in such a state of liberty or
restraint as the party is when the Commons com-
plain of him, in such he is to answer. 76., 101.
If previously committed by the commons, he an-
swers as a prisoner. But this may be called in some
sort judicium parium suorum. Ib. In misdemeanors
the party has a right to counsel by the common
law, but not in capital cases. Seld. Jud., 102, 105.
This paragraph of the parliamentary law is largely obsolete so far as
§ en. Require- *^e practice of the House of Representatives and the
mentsof the Senate are concerned. The accused may appear in
Senate as to person or by attorney (III, 2127, 2349, 2424), or he
*^™^tof may not appear at all (III, 2307, 2333, 2393). In
case he does not appear the House does not ask that
he be compelled to appear (III, 2308) , but the trial proceeds as on a plea
of "not guilty." It has been decided that the Senate has no power to
take into custody the body of the accused (III, 2324, 2367). The writ
of summons to the accused recites the articles and notifies him to appear
at a fixed time and place and file his answer (III, 2127). In all cases
respondent may appear by counsel (III, 2129), and in one trial, when a
petition set forth that respondent was insane, the counsel of his son was
admitted to be heard and present evidence in support of the petition,
but not to make argument (III, 2333).
62581°— H. Doc. 459, 86-2 20 [293]
§5 612* 613.
Answer. The answer need not observe great
§612. Answer of strictness of form. He may plead
respondent. guilty as to part, and defend as to the
residue; or, saving all exceptions, deny the whole or
give a particular answer to each article separately.
1 Rush., 274; ^ Rush,, 1374; 1% Parl. Hist., 442; 3
Lords' Journ., 13 Nov., 1643; % Wood., 607. But lie
cannot plead a pardon in bar to the impeachment.
* Wood,, 615; 2 St. Tr., 735.
The answer of the President took up the articles one by one, denying
some of the charges, admitting others but denying that they set forth
impeachable offenses, and excepting to the sufficiency of others (III,
2428). The form of this answer was commented on during preparation
of the replication in the House (III, 2431). Blount and Belknap de-
murred to the charges on the ground that they were not civil officers
within the meaning of the Constitution (III, 2310, 2453), and Swayne
also raised questions as to the jurisdiction of the Senate (III, 2481).
The answer is part of the pleadings, and exhibits in the nature of
evidence may not properly be attached thereto (III, 2124).
Replication, rejoinder, &c. There may be a repli-
sew. other cation, rejoinder, &c. Sel. Jud., 114;
pleadings. 8 (fray's £)6^ 2SS; Sack. Tr., 15;
Journ. H. of Commons, 6 March, 1640-1.
A replication is always filed, and in one instance the pleadings
proceeded to a rejoinder, surrejoinder, and similiter (III, 2455). A
respondent has also filed a protest instead of pleading on the merits
(III, 2461), but there was objection to this and the Senate barely
permitted it. In another case respondent interposed a plea as to
jurisdiction of offenses charged in certain articles, but declined to admit
that it was a demurrer with the admissions pertinent thereto (III,
2125, 2431). In the Belknap trial the House was sustained in averring
in pleadings as to jurisdiction matters not averred in the articles (III,
2123). The right of the House to allege in the replication matters not
touched in the articles has been discussed (III, 2457).
[294]
JEFFERSON'S MANUAL
§§ 614, 615.
Witnesses. The practice is to swear the witnesses
§614. Examina- i& open House, and then examine them
tion of witnesses. there; or a committee may be named,
who shall examine them in committee, either on inter-
rogatories agreed on in the House, or such as the
committee in their discretion shall demand. Seld.
Jud., 120, 123.
In trials before the Senate witnesses have always been examined in
open Senate, and never by a committee, although such procedure has
been once suggested (III, 2217).
Jury. In the case of Alice Pierce, 1 R., 2, a jury
was impaneled for her trial before a
§ 615. Relation . r
of jtity trial to committee, Seld. Jud., 123. But this
impeachment, i • , . • i
was on a complaint, not on impeach-
ment by the Commons. Seld. Jud., 168. It must
also have been for a misdemeanor only, as the Lords
spiritual sat in the case, which they do on misde-
meanors, but not in capital cases. Id., 148. The
judgment was a forfeiture of all her lands and goods.
Id., 188. This, Selden says, is the only jury he finds
recorded in Parliament for misdemeanors; but he
makes no doubt, if the delinquent doth put himself
on the trial of his country, a jury ought to be impan-
eled, and he adds that it is not so on impeachment
by the Commons, for they are in loco proprio, and
there no jury ought to be impaneled. Id., 124- The
Ld. Berkeley, 6 E., 3, was arraigned for the murder
of L. 2, on an information on the part of the King,
and not on impeachment of the Commons; for then
[295]
JEITERSON'S MANUAL,
§616.
they had been patria sua. He waived his peerage,
and was tried by a jury of Gloucestershire and War-
wickshire. Id., 126. In 1 H., 7, the Commons pro-
test that they are not to be considered as parties to
any judgment given, or hereafter to be given in Par-
liament. Id., 133. They have been generally and
more justly considered, as is before stated, as the
grand jury; for the conceit of Selden is certainly not
accurate, that they are the patria sua of the accused,
and that the Lords do only judge, but not try. It is
undeniable that they do try; for they examine wit-
nesses as to the facts, and acquit or condemn, accord-
ing to their own belief of them. And Lord Hale says,
"the peers are judges of law as well as of fact;"
2 Hale, P. C., 275; consequently of fact as well as of
law.
No jury trial is possible as part of an impeachment trial under the
Constitution (III, 2313).
Presence of Commons. The Commons are to be
§€is. Attendance present at the examination of witnesses.
of the commons. ge^ Jud., 124. Indeed, they are to
attend throughout, either as a committee of the whole
House, or otherwise, at discretion, appoint managers
to conduct the proofs. Rushw. Tr. of Straff., 37;
Com. Journ., 4 Feb., 1709-10; 2 Wood., 614. And
judgment is not to be given till they demand it.
Seld. Jud., 124^ But they are not to be present on
impeachment when the Lords consider of the answer
or proofs and determine of their judgment. Their
[296]
JEOBTERSON'S MANUAL
§§ 617, 618.
presence, however, is necessary at the answer and
judgment in case capital Id., 58, 158, as well as not
capital; iff*. * * *.
The House of Representatives has consulted its own inclination and
convenience about attending its managers at an
impeachment. It did not attend at all in the trials
of Blount» Swayne, and Archbald (III, 2318, 2483) ;
and after attending at the answer of Belknap,
decided that it would be represented for the remainder of the trial by
its managers alone (III, 2453). At the trial of the President the
House, in Committee of the Whole, attended throughout the trial
(III, 2427), but this is exceptional. In the Peck trial the House
discussed the subject (III, 2377) and reconsidered its decision to attend
the trial daily (III, 2028). While the Senate is deliberating the House
does not attend (III, 2435) ; but when the Senate votes on the charges,
as at the other open proceedings of the trial, it may attend (III, 2338,
2383, 2440). While it has frequently attended in Committee of the
Whole, it may attend as a House (III, 2338).
* * * The Lords debate the judgment among
themselves. Then the vote is first
§618. Voting on
the articles m an taken on the question of guilty or not
impeachment trial, g^ty. and if they convict, the ques-
tion, or particular sentence, is out of that which
seemeth to be most generally agreed on. Seld. Jud.,
167; 2 Wood., 612.
The question in judgment in an impeachment trial has occasioned
contention hi the Senate (III, 2339, 2340), and in the trial of the Presi-
dent the form was left to the Chief Justice (III, 2438, 2439). In the
Belknap trial there was much deliberation over this subject (III, 2466).
In the Chase trial the Senate modified its former rule as to form of final
question (III, 2363). The yeas and nays are taken on each article
separately (III, 2098, 2339) , but in the trial of the President the Senate,
by order, voted on the articles in an order differing from the numerical
order (III, 2440), adjourned after voting on one article (III, 2441), and
adjourned without day after voting on three of the eleven articles
[297]
§619.
(Ill, 2443). After a conviction the Senate votes on the punishment
(III, 2339, 2397).
Judgment. Judgments in Parliament, for death,
§619. Judgment in have been strictly guided per legem
impeachments. terrse, which they can not alter; and
not at all according to their discretion. They can
neither omit any part of the legal judgment nor add
to it. Their sentence must be seeundum non ultra
legem. Sett. Jud., 168, 171. This trial, though it
varies in external ceremony, yet differs not in essen-
tials from criminal prosecutions before inferior courts.
The same rules of evidence, the same legal notions of
crimes and punishments, prevailed; for impeach-
ments are not framed to alter the law, but to carry
it into more effectual execution against too powerful
delinquents. The judgment, therefore, is to be such
as is warranted by legal principles or precedents.
6 Sta. Tr., 14; 2 Wood., 611. The Chancellor gives
judgment in misdemeanors; the Lord High Steward
formerly in cases of life and death. Seld. Jud., 180.
But now the Steward is deemed not necessary. Post.,
144; ^ Wood., 613. In misdemeanors the greatest
corporal punishment hath been imprisonment. Seld.
Jud,, 184. The King's assent is necessary to capital
judgments (but * Wood., 614, contra), but not in
misdemeanors. Seld. Jud., 186. ,
TJie Constitution of the United States (Art. I, sec, 3, par. 7) limits the
judgment to removal and disqualification.
F298]
JEFFERSON'S MANUAL
§620.
Continuance. An impeachment is not discontinued
§ 620. impeach- by the dissolution of Parliament, but
S^pted by may be resumed by the new Parliament .
adjournments. T. Ray 383; 4 Com. Journ., 23 Dec.,
1790; Lords' Jour., May 15, 1791; 2 Wood., 618.
In Congress impeachment proceedings are not discontinued by a
recess (III, 2299, 2304, 2344, 2375, 2407, 2505); and the Pickering
impeachment was presented in the Senate on the last day of the
Seventh Congress (III, 2320); and at the beginning of the Eighth
Congress the proceedings went on from that point (III, 2321). But
an impeachment may proceed only when Congress is in session (III,
2006,2462).
[299]
BULES OF THE HOUSE OF EEPEESEITATIYE8
WITH
NOTES AND ANNOTATIONS.
(301]
Rule L § $21.
RULES OF THE HOUSE OP REPRESENTATIVES, WITH NOTES
AND ANNOTATIONS*
RULE I.
DUTIES OF THE SPEAKER,
1. The Speaker shall take the chair on every
§62i. caiimg the legislative day precisely at the hour to
^°d^gdo/ihe which the H°use sh^u have adjourned
journal, at the last sitting, immediately call the
Members to order, and on the appearance of a
quorum, cause the Journal of the proceedings of the
last day's sitting to be read, having previously ex-
amined and approved the same.
This rule was adopted in 1789 and perfected in 1811 and 1824 (II,
1310).
The hour of meeting is usually 12 m,, fixed by standing order (I, 104-
109, 116, 117; IV, 4325). Immediately after the Members are called
to order prayer is offered by the Chaplain (IV, 3056), and the Speaker
declines to entertain a point of no quorum before prayer is offered (VI,
663). The presence of a quorum is ascertained, after the prayer, if a
question be raised (IV, 2733; VI, 625); and after the raising of the
question the reading of the Journal must await the ascertainment
(IV, 2732, 2927; VI, 625, 629). A point of no quorum may be made
at any time before reading is completed (VI, 624). The reading of the
Journal may not be dispensed with except by unanimous consent
(VI, 625) or a motion or other action to suspend the rules (IV, 2747-
2750), and must be in full when demanded by any Member (IV, 2739-
2741; VI, 627, 628; Feb. 22, 1950, p. 2152), but demand comes too
late after Journal is approved (VI, 626). The Journal of the last
day of a session is not read on the first day of the next session (IV,
2742) . Business is not transacted before the reading (IV, 2751-2756; VI,
629, 630, 637), but the simple motion to adjourn is admitted (IV, 2757)
RULES Or THE HOUSE OF REPRESENTATIVES
§§622.623. Rule I.
and a Member may be sworn in (I, 172). The reading may not be
interrupted, even by business so highly privileged as a conference
report (V, 6443; Rule XXVIII); nor may a conference report be con-
sidered before the Journal is read (VI, 630) ; but a parliamentary inquiry
(VI, 624), a point of no quorum (VI, 624), or an arraignment of im-
peachment may interrupt (VI, 469); and in cases of disorder the
reading is suspended (II, 1630; IV, 2759). The Speaker's examination
and approval of the Journal is preliminary to the reading, and does
not preclude subsequent amendment and approval by the House
itself (IV, 2734r-2738). A motion to amend takes precedence of a
motion to approve (IV, 2760; VI, 633), but the motion is not admissible
after previous question is demanded on motion to approve (IV, 2770;
VI, 633; VIII, 2684).
2. He shall preserve order and deco-
. „ a , rum, and, in case of disturbance or dis-
§ 622. Speaker
preserves order orderly conduct in the galleries, or in
on floor and in ,1111 it ji
the lobby, may cause the same to be
lobby- cleared.
This rule was adopted in 1789 and amended in 1794 (II, 1343).
The Speaker may name a Member who is disorderly, but may not, of
his own authority, censure or punish him (II, 1344, 1345; VI, 237). In
cases of extreme disorder in Committee of the Whole the Speaker has
taken the chair and restored order without a formal rising of the com-
mittee (II, 1348, 1648-1653, 1657). In an early instance the Speaker
ordered the arrest of a person in the gallery; but this exercise of power
was questioned (II, 1605).
3. He shall have general control, except as provided
§ 623. speakers by rule or law, of the Hall of the House,
^t°irridira, and of the corridors and passages and
and rooms. -fl^ diSpOSai of the unappropriated
rooms in that part of the Capitol assigned to the
use of the House; until further order.
This rule was adopted in 1811 and amended in 1824, 1885 (II, 1354),
and Aprils, 1911 (VI, 261).
Control of the appropriated rooms in the House portion of the Capitol
is exercised by the House itself (V, 7273-7279), but repairs and altera-
tions have been authorized by statute (V, 7280-7281; 59 Stat. 472).
[304]
RULES OF THE HOUSE OF KEPRESENTATTFES
Rule I. 55 624-627.
4. He shall sign all acts, addresses, joint resolu-
§624. speakers tions, writs, warrants, and subpenas of,
SSSI^SU or ^sued by order of> the House> **d
etc.; and decision decide all questions of order, subject to
of questions of _ , i%/ri 1-1
order subject to an appeal by any Member, on which
appeal" appeal no Member shall speak more
than once, unless by permission of the House.
The portion of this rule relating to decisions on points of order was
adopted in 1789 and amended in 1811; and the portion relating to the
signing of acts, etc., was adopted in 1794 (II, 1313).
Enrolled bills are signed first by the Speaker (I V, 3429) . He declines
to sign in the absence of a quorum (IV, 3458), or
pending a motion to reconsider (V, 5705); and the
report of a committee as to the accuracy of the
enrollment is first submitted, unless, as in rare instances only, the
House by consent waives the requirement (IV, 3452). In cases of
error the House has permitted the Speaker's signature to be vacated
(IV, 3453, 3455-3457; VII, 1077-1080).
Warrants, subpenas, etc., during recesses of Congress are signed only
by authority specially given (III, 1753, 1763, 1806).
The issuin& of warrants must be specially authorized
^y ^Q House (I, 287) . Instance wherein the House
authorized the Speaker to issue warrant for the
arrest of absentees (VI, 638). The Speaker also signs the articles,
replications, etc., in impeachments (III, 2370, 2455); and certifies
cases of contumacious witnesses for action by the courts (III, 1691,
1769; VI, 385).
The Speaker may require that a question of order be presented in
.^ ^_ writing (V, 6865). He is not required to decide a
§ 627. Practice ,. ' ,. ,, , , /* ,, ,.
governing the question not directly presented by the proceedings
Speaker in (II, 1314), and it is not his duty to decide a hypo-
deciding points thetical question (VI, 249, 253). Debate being for
of order. his intonation is within his discretion (V, 6919,
6920; VIII, 3446-3448). He is constrained to give precedent its
proper influence (II, 1317; VI, 248); and his decisions may be reex-
amined and reversed (IV, 4637). Preserving the authority and
binding force of parliamentary law is as much the duty of each Mem-
ber of the House as it is the duty of the Chair (VII, 1479). The
[305]
RTJLES OF THE HOUSE OF REPRESENTATIVES
§628. Rale I.
Speaker's decisions are recorded in the Journal (IV, 2840, 2841), but
responses to parliamentary inquiries are not so recorded (IV, 2842).
Questions arising during a division are decided, peremptorily (V, 5926),
and when they arise out of any other question must be decided before
tijat question (V, 6864). The Speaker may recognize and respond to a
parliamentary inquiry although the previous question may have been
demanded (Speaker pro tern. Snell, Mar, 27, 1926, p. 6469), In
rare instances the Speaker declines to rule until he has taken time for
examination of the question (III, 2725; VI, 432; VII, 2106; VIII,
2174, 2396, 3475), and on occasion the Chair has reversed as erroneous
decisions previously made (VI, 639; VII, 849; VIII, 2794, 3435). He
rarely submits a question directly to the House for its decision (IV,
3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker Longworth,
Apr. 8, 1926, p. 7148), or of his own initiative raises and submits a
question (II, 1277, 1315, 1316; VIII, 3405). Even as to questions
of privilege he usually, in later practice, makes a preliminary decision
instead of submitting the question directly to the House (III, 2648,
2649, 2650, 2654, 2678). He does not decide on the legislative or
legal effect of propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112;
VIII, 2280, 2.841), on the consistency of proposed action with other
acts of the House (II, 1327^-1336> VII, 2112, 2136; VIII, 3237, 3458),
whether Members have abused leave to print (V, 6998-7000; VIII,
3475), on the constitutional powers, of the House (II, 1255, 1318-1320,
1490; IV, 3507; VI, 250, 251; VIII, 2225, 3031, 3071, 3427; July 21,
1947, pp. 9522, 9551; May 13, 1948, p, 5817), on the propriety or
expediency of a proposed course of action (II, 1275, 1325, 1326, 1337;
IV, 3091-3093, 3127), consider contingencies which may arise in the
future (VII, 1409), or take cognizance of complaints relating to pairs
(VIII, 3087). He passes on the validity of conference reports (V, 6409,
6410, 6414-6416; VIII, 3256, 3264), but not on the sufficiency of the
accompanying statements as distinguished from the form (V, 6511-
6513), or on question of whether conference report violates instructions
of the House (V, 6395; VIII, 3246). As to reports of committees, he
does not decide as to their sufficiency (II, 1339; IV, 4653), or usually
as to whether or not the committee has followed instructions (II, 1338;
IV, 4404, 4689); or on matters arising in Committee of the Whole
(V, 6927, 6928, 6932-6937) ; but he has decided as to the validity of the
authorization of a report (IV, 4592, 4593).
The right of appeal insures the House against the arbitrary control of
*ke Speaker and can not be taken away from the
House (V> 600^ >' but aPPe*ls may not be entertained
from responses to parliamentary inquiries (V, 6955;
VIII, 3457); when dilatory (V, 5715-.5722; VIII, 2832); from decisions
[306]
RULES OF IKE HOtTSE OP BEPRESENTATIVES
BnleL §5629,630.
on recognition (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762); from
decisions on dilatoriness of motions (V, 5731) ; while another appeal is
pending (V, 6939-6941) ; on a question on which an appeal has just
been decided (IV, 3036; V, 6877) ; between the motion to adjourn and
vote thereon (V, 5361) ; during a call of the yeas and nays (V, 6051) ;
from the count by the chair of the number rising to demand tellers
(VIII, 3105); from decision refusing recapitulation of a vote (VIII,
3128) ; from a decision ruling words taken down out of order (V, 6944).
The Speaker may vote to sustain his own decision (IV, 4569; V, 5686,
6956, 6957).
The appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455)
unless the motion is made to lay on the table (V, 5301), or the previous
question is ordered (V, 5448, 5449). An appeal from a decision relating
to the priority of business (V, 6952), or irrelevancy of debate (V,
5056-5063) is not debatable. In practice a Member favorable to the
ruling usually moves to lay the appeal on the table, thus shutting off
debate. A motion to postpone an appeal has been held in order (VIII,
2613). Debate in the House is under the hour rule (V, 4978), but may
be closed at any time by the adoption of a motion for the previous
question (V, 6947) ; or to lay on the table (VIII, 3453). Debate on an
appeal in the Committee of the Whole is under the five-minute rule
(VII, 1608; VIII, 2347, 2556a, 3454, 3455), and may be closed by
motion to close debate or to rise and report (V, 6947, 6950; VIII, 3453).
5. He shall rise to put a question, but may state it
§629 putting of sitting; and shall put questions in this
the question by f orm, to wit: "As many as are in favor
the speaker. ^ ^e question may be) , say Aye;" and
after the affirmative voice is expressed, "As many as
* *. v *. - are opposed, say No;" if he doubts, or a
§ 630. Voting viva . f-^ ••MI* i TT i -11
voce, by division, division is called for, the House shall
and by tenets. divide; those in the affirmative of the
question shall first rise from their seats, and then
those in the negative; if he still doubts, or a count is
required by at least one-fifth of a quorum, he shall
name one from each side of the question to tell the
[307J
RULES OP THE HOTJSE OP REPRESENTATIVES
§§631,632. Rule I.
Members in the affirmative and negative; which
being reported, he shall rise and state the decision.
This rule was adopted in 1789, -with revision and amendment in 1860
and 1880 (II, 1311). The motion as stated by the Chair in putting the
question and not as stated by the Member in offering the motion, is
the proposition voted on (VI, 247).
One of the suppositions on which parliamentary law is founded is
that the Speaker will not betray his duty to make an honest count on
a division (V, 6002) and the integrity of the Chair in counting a vote
has never been questioned in the House (VIII, 3115).
In a full House (total membership of 435), tellers are ordered by 44;
in Committee of the Whole by 20 (V, 5986). The right to demand
tellers is not precluded by the fact that the yeas and nays have been
refused (V, 5998; VIII, 3103) or that a point of no quorum has been
made against a division vote on the question on which tellers are
requested (VIII, 3104).
It is the duty of the Member to serve as teller when appointed by the
Chair (V, 5987) ; but when Members of one side have
declined> tae second teller has been appointed from
of thevote, *^e °^er s^e (V, 5988) or the position has been left
vacant (V, 5989). A Delegate may be appointed
teller (II, 1302) . Where there is a doubt as to the count by tellers the
Chair may order the vote taken again (V, 5991; July 19, 1946, p. 9466),
but this must be done before he has announced the result (V, 5993-5995;
VIII, 3098). The Chair may be counted without passing between the
tellers (V, 5996, 5997; VIII, 3100, 3101).
6. He shall not be required to vote in ordinary
§632. The speakers legislative proceedings, except where
rote. Tie vote, j^g yo^.Q woui(j j^ decisive, or where
the House is engaged in voting by ballot; and in
cases of a tie vote the question shall be lost.
This rule was adopted in 1789, with amendment in 1850 (V, 5964),
and 1911.
The Speaker's name is not on the roll from which the yeas and nays are
called (V, 5970) and is not called unless on his request (V, 5965). It is
then called at the end of the roll (V, 5965; VIII, 3075), the Clerk calling
him by name. The Chair may vote to make a tie and so decide a ques-
[308]
RULES OP JPHifl HOUSE OP REPRESENTATIVES
Rule L §5 633, 634.
tion in the negative, as he may vote to break a tie and decide a question
in the affirmative (VIII, 3100; August 14, 1957, p. 14783). The duty
of giving a decisive vote may be exercised after the intervention of
other business, or after the announcement of the result or on another
day, if a correction of the roll shows a condition wherein his vote would
be decisive (V, 5969, 6061-6063; VIII, 3075); and he also exercises the
right to withdraw his vote in case a correction shows it to have been un-
necessary (V, 5971). The Speakers have the same right as other Mem-
bers to vote (V, 5966, 5967) but rarely exercise it (V, 5964, footnote).
The Chair may be counted on a vote by tellers (V, 5996, 5997; VIII,
3100, 3101).
7. He shall havB the right to name any Member to
§633. speaker perform the duties of the Chair, but
pro tempore. such substitution shall not extend be-
yond three legislative days: Provided, however, That in
case of his illness, he may make such appointment for
a period not exceeding ten days, with the approval of
the House at the time the same is made; and in his
absence and omission to make such appointment, the
House shall proceed to elect a Speaker pro tempore
to act during his absence.
This rule was adopted in 1811, and amended in 1876 (II, 1377) and
in 1920 (VI, 263).
The right of the House to elect a Speaker pro tempore in the absence
§ 634. Election, °^ *ke Speaker was exercised before the rule was
oath, and designa- adopted (II, 1405), although the House sometimes
tion of Speaker preferred to adjourn (I, 179). An elected Speaker
pro tempore. pro tempore hi the earlier practice was not sworn
(I, 229; II, 1386); but the Senate and sometimes the President were
notified of his election (II, 1386-1389, 1405-1412; VI, 275). He signed
enrolled bills and appointed committees, functions not exercised by a
Speaker pro tempore by designation (II, 1399, 1400, 1404; VI, 277),
unless the designation had- been approved by the House, but in the later
practice he is sworn as a prerequisite to signing enrolled bills (VI, 274).
62581°— H. Doc. 459, 86-2 21 [309]
HOtTBE OF
A call of the House may take place with a Speaker pro tempore in the
chair (IV, 2989), and the Speaker pro tempore may issue his warrant
for the arrest of absent members under a call of the House (VI, 688).
When the Speaker is not present at the opening of a session, he des-
ignates a Speaker pro tempore in writing (II, 1378, 1401), but he does
not always name in open House the Member whom he calls to the chair
temporarily during the day's sitting (II, 1379, 1400). A Speaker pro
tempore sometimes designates another Speaker pro tempore (II, 1384;
VI, 275). Members of the minority have been called to the chair on
occasions of ceremony (II, 1383; VI, 270; Jan. 31, 1951, p. 779), but in
rare instances on other occasions (II, 1382, 1390; III, 2596; VI, 264).
RULE II.
ELECTION OF OFFICERS.
There shall be elected by a viva voce vote, at the
§635. Election or oommeac€sment of each Congress, to
offlcers- continue in office until their successors
are chosen <and qualified, a Clerk, Sergeant-at-Arms,
Doorkeeper, Postmaster, and Chaplain, -each -of whom
§636. oath ana '^3^31 take an oath to support the Con-
duties or officers. stitution of the United States, and for
the true and faithful discharge of the duties of his office
to the best of his knowledge and ability, and to keep
the secrets of the House:; and each shall appoint all of
the employees of his department provided for by law.
A rudimentary form of 'this rule was adopted in 1789, and was
amended several times prior to 1880, when it assumed its present form
(I, 187). The House having discarded a theory that the rules might be
imposed by -one House on its successor (V, 6743-6745), it follows that
this rule is not operative at the organization. The House, by order or
usage, elects its Speaker viva voce on :a roll call .(I, 204, 208) ; but the
officers mentioned in the rule are usually chosen by resolution, which is
not a viva voce election (I, 193, 194). A majority vote is required for
the election of officers of both Houses of Congress (VI, 23). The act
of 1789 provides that the oath of office shall be administered to the
Speaker by any Member and by the Speaker to the Clerk (I, 130).
[310]
RULES Off TETE HOUSE OF REPRESENTATIVES
Rule III. § 637.
The Speaker also at the same time administers the oath to the other
elective officers (I, 81), The Member of longest continuous service
in the early practice administered the oath to the Speaker (I, 131).
However, in the later practice the Speaker has selected the Member to
administer the oath (VI, 6, 7) . The requirement that the officers be
sworn to keep the secrets of the House is obsolete (I, 187).
The House has declined to interfere with the Clerk's power of remov-
ing his subordinates (I, 249). Employees under the Clerk and other
officers are to be assigned only to the duties for which they are ap-
pointed (V, 7232). The Sergeant at Arms having died, the Clerk was
elected by the House to serve temporarily also as Sergeant-at-Arms
without additional compensation (July 8, 1953, p. 8242). An amend-
ment to the Legislative Reorganization Act of 1946 was enacted by
the Eighty-third Congress (2 U. S. C. 75a-l) authorizing temporary
appointments by the Speaker to fill vacancies in the offices of Clerk,
Sergeant-at-Arms, Doorkeeper, Postmaster, or Chaplain. Lyle O.
Snader, who was serving contemporaneously as Clerk and Sergeant-
at-Arms, having resigned as Sergeant-at-Arms, the Speaker appointed
a temporary Sergeant-at-Arms (January 6, 1954, p. 8).
RULE III.
DUTIES OF THE CLEKK.
1. The Clerk shall, at the commencement of the
first session of each Congress, call the
§ 637. Clerk's
duties at Members to order, proceed to call the
organization. ro^ o£ jy^^^g -fay gtates in alpha-
betical order, and, pending the election of a Speaker
or Speaker pro tempore, preserve order and decorum,
and decide all questions of order subject to appeal
by any Member.
This rule was framed in 1880, on a basis furnished by a rule of 1860
(I, 64), and amended in 1911.
As rules are not usually adopted until after the election of Speaker,
this rule is not in force at the time of organization of a new House.
The procedure at organization is, however, according to a practice
conforming to the terms of the rule (I, 81).
While the Speaker ceases to be an officer of the House with the
expiration of a Congress, the Clerk, by old usage, continues in a new
Congress (I, 187, 188, 235, 244).
[311]
BULBS OF THE HOUSE OF REPRESENTATIVES
§§638-640.
The roll of Members is made up by the Clerk from the credentials,
in accordance with a provision of law (I, 14-62-
§638. The roil of y^ 2; 2 ^ g- a 26). A certificate of election
Members-elect. ^ due form Caving been fiie(j, the Clerk placed the
name of the Member-elect on the roll, although he was subsequently
advised that a State Supreme Court .had issued a writ restraining the
Secretary of State from issuing such certificate (Jan. 3, 1949, p. 8).
The call of the roll may not be interrupted, especially by one not on
that roll (I, 84), and a person not on the roll may not be recognized
(I, 86). A motion to proceed to the election of Speaker is of higher
privilege than a motion to correct the roll (I, 19-24) . The House has
declined to permit enrollment by the Clerk to be final as to prima facie
right (I, 376, 589, 592).
The Clerk, in presiding before the election of Speaker, recognizes
Members (I, 74).
The Members-elect have, before the election of Speaker or adoption
of rules, authorized the Clerk and Sergeant-at-Arms of the last House
to preserve order (I, 101) ; but usually such action has not been taken,
although an occasion might arise to make it necessary (I, 76, 77).
In early years the authority of the Clerk to decide questions of order
pending the election of a Speaker was questioned
§639. Clerk as (^ $5)^ ^d the Clerks often declined to make deci-
presidlng officer siong ^ 68_?2. y^ 5325)j although in 1855 Occur
a organization. exceptions to this theory (I, 91). But in 1860 the
provisions of the present rule were adopted (I, 64), with a further rule
that the rules of one House should apply in the organization of its
successor (V, 6743-6747); and under this arrangement the Clerks
have made rulings (I, 76, 77; VI, 623). In 1890 the theory that the
rules of one House may be made binding on its successor was over-
thrown (V, 6747). In a case of vacancy arising after the adoption of
rules, this rule would be operative and conclude questions as to the
Clerk's authority. The Clerk having died, and in the absence of the
Sergeant at Arms, the Doorkeeper of the 79th Congress presided at
organization of the 80th Congress (Jan. 3, 1947, p. 33).
2. He shall make and cause to be printed and de-
§64o. cierk livered to each Member, or mailed to
furnishes a list of his address, at the commencement of
reports.
every regular session of Congress, a list
of the reports which it is the duty of any officer or
Department to make to Congress, referring to the act
[312]
RTJUES OF THE HOUSE OP KEPRESENTATTVES
Rulem. §§641-644
or resolution and page of the volume of the laws or
Journal in which it may be contained, and placing
under the name of each officer the list of reports re-
quired of him to be made.
This rule was adoped in 1822 (I, 252).
3. He shall note all questions of order, with the
§64i. cierk»s decisions thereon, the record of which
jo^i^d sk*U be printed as an appendix to the
documents. Journal of each session; and complete,
as soon after the close of the session as possible, the
printing and distribution to Members and Delegates
of the Journal of the House, together with an ac-
curate and complete index; retain in the library at
his office, for the use of the Members and officers of
the House, and not to be withdrawn therefrom, two
copies of all the books and printed documents de-
posited there; send, at the end of each session, a
printed copy of the Journal thereof to the executive
and to each branch of the legislature of every State
and Territory; preserve for and deliver or mail to
each Member and Delegate an extra copy, in good
binding, of all documents printed by order of either
House of the Congress to which he belonged; attest
and affix the seal of the House to all writs, warrants,
§642 Attests and an(^ subpenas issued by order of the
seals warrants, House, certify to the passage of all
subpenas, etc. ^^ ^^ . ^ resolutions, make or
§ 643. Certifies pas- „ , , ,
sage of bins. approve all contracts, bargains, or
§644. Makes agreements relative to furnishing any
contracts. matter or thing, or for the perform-
ance of any labor for the House of Representatives,
[313]
RULES OF THE HOUSE OF REJPKESENTATIVES
§§645-647.
in pursuance of law or order of the House, keep full
§645. Keeps con- and accurate accounts of the disburse-
tin*entand ments out of the contingent fund of
accounts. the House, keep the stationery account
§646. pays office^ of Members and Delegates, and pay
and employees. ^em as provided by law. He shall
pay to the officers and employees of the House of
Representatives the amount of their salaries that
shall be due them.
4. He shall, in case of temporary absence or dis-
..*,/w..i, * ability, designate an official in his
§ 647. Official to act " 11
as cierk upon office to sign all papers that may re-
quire the official signature of the Glerk
of the House, and to do all other acts, except such
as are provided for by statute, that may be required
under the rules and practice of the House to be done
by the Clerk. Such official acts, when so done by
the designated official, shall be under the name of
the Clerk of the House* The said designation shall
be in writing, and shall be laid before the House
and entered on the Journal.
In 1880 several rules, adopted at different periods from 1794 to 1846,
were consolidated into this rule; which was amended in 1892 (I, 251)
and January 3, 1953, p. 16. Section 4 was adopted January 18, 1912
(VI, 25) and was amended January 3, 1953, p. 16.
Various other administrative duties, similar to those specified in this
rule, are imposed on the Clerk by law (I, 253; Legislative Reorganiza-
tion Act of 1946, 60 Stat. 812) ; and the law also makes it his duty to
furnish stationery, blank books, etc., to the committees and officers
of the House (V, 7322); to exercise discretionary authority as to
reprinting of bills and documents (V, 7319) ; and to receive and print
the testimony taken in election contests (I, 703, 705). Form of
[314]
RULES OF THE HOUSE OF REPRESENTATIVES
Bute IV. §§648,619.
designation of a Clerk protempore (VI, 26). Instance of Clerk serving
temporarily ako as Sergeant-at-Arms (July 8, 1953, p. 8242).
RULE IV.
DUTIES OF THE SERGEANT-AT-ARMS .
1. It shall be the duty of the Sergeant-at-Arms to
§ 648. sergeant- attend the House during its sittings, to
Arms enforces maintain order under the direction of
authority House. the gpeaker or chairman, and, pending
the election of a Speaker or Speaker pro tempore,
under the direction of the Clerk, execute the com-
mands of the House, and all processes issued by
§6*» Disburses authority thereof, directed to him by
pay a«d mileage the Speaker; keep the accounts for the
of Members. ^^ ^^ mileage of Members and Dele-
gates, and pay them as provided by law.
This rule was adopted in 1789, with additions and amendments in
1838, 1877, 1890 (I, 257), and April 5, 1911 (VI, 29).
At the organization of the House in a new Congress the election of
Speaker occurs before the adoption of rules. Therefore this rule is
not in force at that time, and in case of necessity a special rule may be
adopted conferring the authority, as was done in 1849 and 1859
(I, 101, 102).
Duties are imposed on the Sergeant-at-Arms by law (I, 258) : Con-
trol of Capitol police; and the making up of the roll of Members-elect
in case of vacancy in the office of Clerk, or the absence or disability
of that officer. The death of the Sergeant-at-Arms being announced,
the House passed appropriate resolutions and adjourned as a mark of
respect (VI, 32; July 8, 1953, p. 8263). The Clerk having died, and
in the absence of the Sergeant-at-Arms, the Doorkeeper of the 79th
Congress presided at organization of the 80th Congress (Jan. 3, 1947,
p, 33). In the 83d Congress the Sergeant-at-Arms having died, the
Clerk was elected to serve temporarily both as Clerk and Sergeant-at-
Arms (July 8, 1953, p. 8242) , and upon resignation by the Clerk from
his additional position of Sergeant-at-Arms, the Speaker, pursuant to
2 U. S. C. 75a-l, appointed a temporary Sergeant-at-Arms (January
6, 1954, p. 8), Instance where the Senate by resolution removed its
Sergeant-at-Arms (VI, 37).
B15JI
RULES OF THE HOUSE OP EEPEESENTATTVES
§§ 650-652. RuleV.
§650. The mace 2. The symbol of his office shall be
the symbol of .^ mace which shall be borne by him
the Sergeant-at- v 7 in
Arms' office while enforcing order on the floor.
This rule was adopted in 1789 (II, 1346). An attempt to enforce
order without the mace gave rise to a question of privilege (II, 1347).
Extreme disorder arising on the floor, the Speaker directed the Sergeant-
at- Arms to enforce order with the mace (VI, 258; VIII, 2530).
RULE V.
DUTIES OF THE DOORKEEPER.
1. The Doorkeeper shall enforce strictly the rules
relating to the privileges of the Hall and
duties of the be responsible to the House for the offi-
con(juct of j^ employees.
This rule was adopted in 1838, and amended in 1880 (I, 260).
The law also requires of the Doorkeeper certain administrative duties
(I, 262) : Care of the apartments occupied by the House; custody of
furniture, books, etc.; charge of the documents in the folding and docu-
ment rooms; supervision of janitor service; and the making of the roll
of Members-elect in case the Clerk and Sergeant-at-Arms are unable to
perform the duty. The Clerk having died, and in the absence of the
Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
the organization of the 80th Congress (Jan. 3, 1947, p. 33) .
When a message is received by the House, the Doorkeeper introduces
the bearer thereof (V, 6591). The House adopted a resolution on
the death of the Doorkeeper and appointed a committee to attend
his funeral (Jan. 28, 1943, p. 421, 422).
2. At the commencement and close of each session
§652.r>ookeeper of Congress he shall take an inventory
fS^^^. of all the furniture, books, and other
etc- public property in the several com-
mittee and other rooms under his charge, and report
[316]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule VI. §§ 653, $54.
the same to the House, which report shall be referred
to the Committee on House Administration to
ascertain and determine the amount for which he
shall be held liable for missing articles.
This rule was adopted in 1865, and amended in 1880 (I, 261), and
Jan. 3,1947, by the Legislative Reorganization Act of 1946 (60 stat. 812).
3. He shall allow no person to enter the room over
§653. The DOOT- the Hall of the House during its sit-
^ft^t^ized tings; and fifteen minutes before the
persons. hour of the meeting of the House each
day he shall see that the floor is cleared of all persons
except those privileged to remain, and kept so until
ten minutes after adjournment.
This rule was adopted in 1869, with amendments hi 1880 and 1890
(V, 7295).
RULE VI.
DUTIES OF THE POSTMASTER.
The Postmaster shall superintend the post-office
kept in the Capitol and House Office
§ 664. The Post- \ . f .
master superintends Building for the accommodation of
the House post-office. j^epregen^a^ves^ Delegates, and officers
of the House, and be held responsible for the prompt
and safe delivery of their mail.
This rule was adopted in 1838, with amendment in 1880 (I, 270),
and 1911 (VI, 34). The law requires the Postmaster to account at the
first of each regular session for the government property in his posses-
sion (I, 271). Form of resolution adopted by the House on the death
of its Postmaster (Dec. 31, 1948, p. 10269).
[317]
RttLES 0£ ME ECOtJSE O
$§655-657. Rules Vn,Vffi.
RULE VII.
DUTIES OF THE CHAPLAIN.
The Chaplain shall attend at the commencement
§656.0««esofthe of each day's sitting of the House and
chaplain. Open fae sax&e with prayer,
This rule was adopted in 1880 (I, 2-72), but the sessions of the House
were opened with prayer from the first, and the Chaplain was an officer
of the House before the adoption of the rule (I, 273-282). The Chap-
lain takes the oath prescribed for the officers of the House (VI, 31;
Feb. 1, 1950, p. 1311) . Prayer by the Chaplain is not business requiring
the presence of a quorum and the Speaker declines to entertain a point
of no quorum before prayer is offered (VI, 663) . Form of resignation
of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097). The
election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095).
RULE VIII.
OF THE MEMBERS.
1. Every Member shall be present within the Hall
of the House during its sittings, unless
excused or necessarily prevented; and
present and vote. $]&&[[ vote on each question put, unless
Lta^?1*0**1 h6 has a direct personal or pecuniary
interest in the event of such question.
This rule was adopted in 1789, with amendment in 1890 (V, 5941).
Leaves of absence are presented pending the motion to adjourn (IV,
3151), and are usually granted by general consent, but sometimes are
opposed or even refused (II, 1142-1145). Application for leave of
absence is properly presented by filing with the clerk the printed form
to be secured at the desk rather than by oral request from the floor
(VI, 199). Whether or not they are privileged is a matter of doubt
(II, 1146, 1147). Excuses for absence, as distinguished from leaves of
absence, may be granted by less than a quorum (IV, 3000-3002).
The statutes provide that deductions may be made from the salaries
of Members who are absent without sufficient excuse (II, 1149, 1150);
[318]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule Vm. §§ 658-660.
and this law has actually been enforced (IV, 3011, footnote; VI, 30,
198). Form of resolution for the arrest of Members absent without
leave (VI, 686).
It has been found impracticable to enforce the provision requiring
every Member to vote (V, 5942-5948); and the
§ ess. Member's weight of authority also favors the idea that there is
control oi nis own „
vote. no authority in the House to deprive a Member of
the right to vote (V, 5937, 5952, 5959, 5966, 5967;
VIII, 3072). In one or two instances the Speaker has decided that,
because of personal interest, a Member should not vote (V, 5955, 5958) ;
but usually the Speaker has held that the Member himself should
determine this question (V, 5950, 5951; VIII, 3071), and one Speaker
denied his ow n power to deprive a Member of the constitutional right to
vote (V, 5956). Members may not vote in the House by proxy (VII,
1014). Instance where a Member submitted his resignation from a
committee on grounds of disqualifying personal interest (VIII, 3074) .
The House has frequently excused Members from voting in cases of
personal interest (III, 2294; V, 5962; Aug. 2, 1949, p. 10591, 10592;
Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p. 11930;
July 12, 1956, p. 12566).
It is a principle of "immemorial observance" that a Member should
withdraw when a question concerning himself arises
fV> 694°); but !t has been held that the disqualify-
personal hvterest. in£ interest must be such as affects the Member
directly (V, 5954, 5955, 5963), and not as one of a
class (V, 5952; VIII, 3071, 3072). In a case where questions affected
the titles of several Members to their seats, each refrained from voting
in his own case, but did vote on the identical cases of his associates
(V, 5957, 5958) . And while a Member should not vote on the direct
questions affecting himself, he has sometimes voted on incidental
questions (V, 5960, 5961).
2. Pairs shall be announced by the Clerk, after the
completion of the second roll call, from
§660. pairs. ^ written list furnished him, and signed
by the Member making the statement to the Clerk,
which list shall be published in the Record as a part
of the proceedings, immediately following the names
of those not voting: Provided, pairs shall be announced
but once during the same legislative day,
[319]
RULES OF THE HOUSE OF REPRESEKTATIVES
§§ 661, 662. RuIelX.
This rule was adopted in 1880, although the practice of pairing had
then existed in the House for many years (V, 5981).
Pairs may not be announced at a time other than that prescribed by
the rule (V, 6046) or in Committee of the Whole (V, 5984). The
House does not consider questions arising out of the breaking of a pair
(V, 5982, 5983, 6095; VIII, 3082, 3085, 3087-3089, 3093), or permit a
Member to vote after the call on the plea that he had refrained because
of misunderstanding as to a pair (V, 6080, 6081). Discussion of the
origin of the practice of pairing in the House and Senate (VIII, 3076).
On questions requiring a two-thirds majority Members are paired two
in the affirmative against one in the negative (VIII, 3088). (For
Speaker Clark's interpretation of the rule and practice of the House
of Representatives as to pairs see VIII, 3089.)
RULE IX,
QUESTIONS OF PRIVILEGE.
Questions of privilege shall be, first, those affecting
seel. Definition the rights of the House collectively, its
safety, dignity, and the integrity of its
proceedings; second, the rights, reputa-
tion, and conduct of Members, individually, in their
representative capacity only; and shall have preced-
ence of all other questions, except motions to adjourn.
This rule was adopted in 1880 (III, 2521). It merely put in form of
definition what had been long established in the practice of the House
but what the House had hitherto been unwilling to define (II, 1603).
The privilege of the House, as distinguished from that of the indi-
§662. Privilege of vidual Member, includes questions relating to its
the House. constitutional prerogatives, in respect to revenue
legislation and appropriations (II, 1480-1501; VI, 315); including rev-
enue, and other treaties (II, 1502-1537) ; its power to punish for con-
tempt, whether of its own Members (II, 1641-1665), of witnesses who
are summoned to give information (II, 1608, 1612; III, 1666-1724),
or of other persons (II, 1597-1640) ; questions relating to its organiza-
tion (I, 22-24, 189, 212, 290), and the title of its Members to their
seats (III, 2579-2587), including various questions incidental thereto
[320]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule IX. §663.
(I, 322, 328, 673, 742; II, 1207; III, 2588; VIII, 2316), the conduct of
officers and employees (I, 284, 285; III, 2628, 2645-2647; VI, 35);
comfort and convenience of Members and employees (III, 2629-2636) ;
admission to the floor of the House (III, 2624-2626); the accuracy
and propriety of reports in the Congressional Record (V, 7005-7023;
VIII, 3163, 3461, 3463, 3464, 3491, 3499; April 20, 1936, p. 5704;
May 11, 1936, p. 7019); the conduct of representatives of the
press (II, 1630, 1631; III, 2627; VI, 553), newspaper charges affecting
the honor and dignity of the House (VII, 911); the protection of
papers in its files, especially when demanded by the courts (III,
2604, 2660-2664; VI, 587; §291); the integrity of its Journal (II,
1363; III, 2620) ; the protection of its records (III, 2659) ; the accuracy
of its documents (V, 7329) and messages (III, 2613) ; and the integrity
of the processes by which bills are considered (III, 2597-2601, 2614;
IV, 3383, 3388, 3478).
The privilege of the Member rests primarily on the Constitution,
§663 Privilege of wn*cn gives to him a conditional immunity from
the Member. arrest ( § 89) ; and an unconditional freedom of debate
in the House (III, 2670; § 91). A menace to the
personal safety of Members from an insecure ceiling in the Hall was
held to involve a question of the highest privilege (III, 2685) ; and an
assault on a Member within the Capitol when the House was not in
session, from a cause not connected with the Member's representative
capacity, was also held to involve a question of privilege (II, 1624).
But there has been doubt as to the right of the House to interfere for
the protection of Members who, outside the Hall, get into difficulties
not connected with their official duties (II, 1277; III, 2678; footnote).
Charges against the conduct of a Member are held to involve privilege
when they relate to his representative capacity (III, 1828-1830, 2716;
VI, 604, 612; VIII, 2479) ; but when they relate to conduct at a tune
before he became a Member they have not been entertained as of
privilege (II, 1287; III, 2691, 2723, 2725). A distinction has been
drawn between charges made by one Member against another in a
newspaper and the same when made on the floor (III, 1827, 2691,
2717). Charges made in newspapers against Members in their repre-
sentative capacities involve privilege (III, 1832, 2694, 2696-2699, 2703,
2704; VI, 576, 621; VIII, 2479), even though the names of individual
Members be not given (III, 1831, 2705, 2709; VI, 616, 617). But
vague charges in newspaper articles (III, 2711; VI, 570), criticisms (III,
2712-2714; VIII, 2465), or even misrepresentations of the Member's
speeches or acts (III, 2707, 2708), have not been entertained.
[321]
OF tHE HOUSE OF
RuleEfc
The clause of the rule giving questions of privilege precedence of
§564. General prin- *& o^61* questions except a motion to adjourn is a
opiesastopreced- recognition of a principle always well understood
ence of questions of in the House, for it is an axiom of the parliamentary
privilege. iaw jfoofc gtich a question "supersedes the considera-
tion of the original question, arid must be first disposed of" (III, 2522,
2523; VI, 595) . As the biisihess of the House began to increase it was
found necessary to give certain important matters a precedence by
rule, and such matters are called "privileged questions." But as thery-
relate merely to the order of business under the rules, they are to be"
distinguished from "questions of privilege" which relate to the safety
or efficiency of the House itself as an organ for action (III, 2718).
It is evident, therefore, that a question of privilege takes precedence
over a matter merely privileged under the rules (III, 2526-^2530; Vj
6454; VIII, 3465). Formerly certain matters of business, arising
under provisions of the Constitution mandatory in nature, were held
to have a privilege which superseded the rules establishing the order of
business, as bills providing for census or apportionment (I, 305-308) >
bills returned with the objections of the President (IV, 3530-3536),
propositions of impeachment (III, 2045-2048, 2051, 2398), and
questions incidental thereto (III, 5401, 2418; V, 7261), matters relating
to the count of the electoral vote (III, 2573-2578) , resolutions relating
to adjournment and recess of Congress (V, 6698, 6701-6706), and a
resolution declaring the office of Speaker vacant (VI, 35) ; but undei1
later decisions bills relating to census and apportionment have been
held not to present questions of privilege, and the effect of such de-
cisions is to require all questions of privilege to come within the specific
provisions of this rule (VI, 48; VII, 889; Ap^ 8, 1926, p. 7147). Th£
ordinary rights and functions of the House under the Constitution are
exercised in accordance with the rules without precedence as matters
of privilege (III, 2567). A motion to amend the Rules of the House
does not present a question of privilege (Speaker Cannon sustained by
the House by a vote of 235 to 53, thereby overruling the decision of
March 19, 1910 (VIII, 3376), which held such motion privileged
(VIII, 3377). A legislative proposition presented as a question of
constitutional privilege under the provisions of the Fourteenth Amend-
ment was held not to involve a question of privilege (VI, 48).
RUUES OF THE HOUSE OF REPRESENTATIVES
Bute IX. §§665-667.
A question of privilege may interrupt the reading of the Journal (II,
§665. Precedence of 1630>" VI> 637)> the consideration of a bill under
questions of privilege a special order (III, 2524, 2525), a rule providing
as related to pending for a vote "without intervening motion" (VI, 560),
business. ft proposition to suspend the rules (III, 2553;
VI, 553, 565), the consideration of a matter on which the previous
question has been ordered (III, 2532; VI, 561; VIII, 2688), business in
order on Calendar Wednesday (VI, 394; VII, 908-910), reports from the
Rules Committee (VIII, 3491), call of the Consent Calendar on Mon-
day (VI, 553), or motions to resolve into Committee of the Whole (VI,
554; VIII, 3461). While a question of privilege is pending a message
of the President is received (V, 6640-6642), but is read only by unani-
mous consent (V, 6639). A motion to reconsider may also be entered
but may not be considered (V, 5673-5676). It has been held that only
one question of privilege may be pending at a time (III, 2533), but
having presented one question of privilege, a Member, before discussing
it, may submit a second question of privilege related to the first and
discuss both on one recognition (VI, 562). In general one question of
privilege may not take precedence over another (III, 2534, 2552, 2581).
When a Member proposes merely to address the House on a question
of personal privilege, and does not bring up a matter
§666. Precedence of aff^fog the dignitv or integrity of the House as
questions of personal ° . ? ",, ,. " , ,
privilege. an orSai1 for action, the practice as to precedence is
somewhat different. Thus, a Member rising to a
question of personal privilege may not interrupt a call of the yeas and
nays (V, 6051, 6Q52, 6058, 6059; VI, 554, 564), or take from the floor
another Member who has been recognized for debate (V, 5002; VIII,
2459, 2528), but he may interrupt the ordinary legislative business
(HI, 2531}. A Member may address the House on a question of per-
sonal privilege even after the previous question has been ordered on a
pending bill (VI, 561; VIII, 2688). Debate on a question of privilege
is under the hour rule (V, 4990; VIII, 2448), but the previous question
may be moved (II, 1256; V, 5459, 5460; VIII, 2672).
During a call of the House in the absence of a quorum only such
questions of privilege may be presented as relate to
t]tle immedi&te proceedings (III, 2545). A question
absence of a quorum. °* Privilege may be raised in Committee of the Whole
as to a matter occurring in that committee (III,
2540-2544), yet a breach of privilege occurring in Committee of the
Whole relates to the dignity of the House and is so treated (II, 1657).
[323]
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 668-670. Rule X.
A proposition of privilege may lose its precedence by association with
a matter not of privilege (III, 2551; V, 5890; VI, 395).
Whenever it is asserted on the floor that the privileges of the House
are invaded, the Speaker entertains the question
§668. Raising ques- ^ 15Qi)j and common fame has been held suffi-
tions of privilege. ^^ ^^ for raiging & question (HI, 2538, 2701);
a telegraphic dispatch may also furnish a basis (III, 2539). But a
Member may not, as a matter of right, require the reading of a book
or paper on suggesting that it contains matter infringing on the privi-
leges of the House (V, 5258). In presenting a question of personal
privilege the Member is not required in the first instance to offer a
motion or resolution, but he must take this preliminary step in raising a
question of general privileges (III, 2546, 2547; VI, 565-569; VIII, 3464).
RULE X.
STANDING COMMITTEES.
1. There shall be elected by the
§669. Election of House, at the commencement of each
LLitLs. Congress, the following standing com-
mittees:
Under the Legislative Reorganization Act of 1946 (60 Stat. 812),
the 44 committees of the 79th Congress were consolidated into 19,
effective January 2, 1947. The Committee on Science and Astro-
nautics was established July 21, 1958, p. 14513, raising the total to 20
standing committees. The old rule intrusting the appointment of
committees to the Speaker was adopted in 1789 and amended in 1790
and in 1860 (IV, 4448-4476). Committees are now elected on motion
or resolution from the floor (VIII, 2171) and it is in order to move the
previous question on such motion or resolution (VIII, 2174). The
motion is not divisible (Rule XVI, cl. 6) and is privileged (VIII,
2179,2182).
(a) Committee on Agriculture, to
consist of twenty-seven Members.
O3) Committee on Appropriations,
to consist of forty-three Members.
(c) Committee on Armed Services, to consist of
thirty-three Members.
[324]
RtGLES OP THE HOUSE OF REPRESENTATIVES
Rule X. § $70.
(d) Committee on Banking and Currency, to con-
sist of twenty-seven Members.
(e) Committee on the District of Columbia, to
consist of twenty-five Members.
(f) Committee on Education and Labor, to con-
sist of twenty-five Members.
(g) Committee on Foreign Affairs, to consist of
twenty-five Members.
(h) Committee on Government Operations, to
consist of twenty-five Members.
(i) Committee on House Administration, to con-
sist of twenty-five Members.
(j) Committee on Interior and Insular Affairs, to
consist of twenty-five Members.
(k) Committee on Interstate and Foreign Com-
merce, to consist of twenty-seven Members.
(1) Committee on the Judiciary, to consist of
twenty-seven Members.
(m) Committee on Merchant Marine and Fish-
eries, to consist of twenty-five Members.
(n) Committee on Post Office and Civil Service,
to consist of twenty-five Members.
(o) Committee on Public Works, to consist of
twenty-seven Members.
(p) Committee on Rules, to consist of twelve
Members.
(q) Committee on Science and Astronautics, to
consist of twenty-five Members.
625S10— H. Doc. 459, 86-2 -22 [325]
RTKLE& OF THE HOUSE OF REPRESENTATIVES
§§ 671, 672.
(r) Committee on Un-American Activities, to
consist of nine Members.
(s) Committee on Veterans' Affairs, to consist of
twenty-seven Members.
(t) Committee on Ways and Means, to consist of
twenty-five Members.
2, The Speaker shall appoint all select and con-
§67i. speaker ap- ference committees which shall be
ordered by the House from time to time.
This portion of the rule relating to select committees was adopted in
1880, and the provision relating to conference comi-nitt^es in 1890,
although the practice of leaving the appointment of conference com-
mittees to the Speaker had existed from the earliest years of the House's
history (IV, 447% VIII, 2193). .
Prior to 1880 the House might talse frow the Speaker the appoint-
ment of a select committee (IV, 4448, 4470; VIII, 2192) and on several
occasions did so in fact (IV, 4471-4476).
In the earlier usage of the House the Member moving a select com-*
mittee was appointed its chairman (II, 1275; III, 2342; IV, 4514r-
4516) ; but except for matters of ceremony, the inconvenience and even
impropriety of the usage has caused it often, to be disreg^rciedt in modern
practice (IV, 4517-4523, 4671),
It is within the discretion of the Chair as to whom he appoints as
conferees (July 8, 1947, p. 8469), and: a motion to instruct the Speaker
as to the number and, composition of a conference committee on the
part of the House is not in order (VIII, 2193, 3221).
3. At the commencement of each Congress, the
§672 selection or House shall elect as chairman of each
cha™an of standing committee one of the M embers
thereof; in the temporary absence of
the chairman the Member next in rank in the order
named in the election of the committee, and so on, as
often as the case shall happen, shall act as chairman;
RULES OF THE HOUSE OF REPRESENTATIVES
Rule X. §§ 673, 674.
and in case of a permanent vacancy in the chairman-
ship of any such committee the House shall elect
another chairman.
The above provision was adopted April 5, 1911 (VIII, 2201), and
continued in the Legislative Reorganization Act of 1946 (60 Stat. 812).
4. All vacancies in standing committees in the
§ 673. committee House shall be filled by election by the
vacancies.
House.
This clause, in its present form, was first adopted in the 62d Con-
gress (VIII, 2178). At the beginning of the 80th
Congress it was amended to prevent a Member from
serving on more than one standing committee, except that Members
elected to serve on the Committees on District of Columbia or Un-
American Activities could be elected to serve. on not more than two
standing committees , and that Members of the majority party, serv-
ing on the Committee on Expenditures in the Executive Departments
(changed to Committee on Government Operations July 3, 1952, p.
9217) or House Administration could be elected to serve on two stand-
ing committees and no more. This limitation was continued through
the 80th, 81st, and part of the 82d Congresses until July 3, 1952,
p. 9217, when it was modified so that Members elected to serve on the
Committees on the District of Columbia, Government Operations,
Un-American Activities or House Administration could be elected to
serve on two standing committees and no more. It was restored to
its current form by amendment of January 13, 1953, p. 368-9, so
that now there is no limitation on the number of committees to which
a Member may be elected.
Form of resolution electing a Member to a committee and fixing
his rank thereon (Jan. 23, 1947, p. 536). The House by unanimous
consent fixed the relative rank of two Members on a committee where
an error had been made on the original appointment (Jan. 20, 1947,
p. 481).
[327]
RTJUBS OF THE HOUSE OF REPRESENTATIVES
§§675,676. Rule 30.
XI.
POWERS AND DUTIES OF COMMITTEES.
All proposed legislation, messages, petitions, me-
§675. jurisdiction morials, and other matters relating to
of committees. ^ subject listed under the standing
committees named below shall be referred to such
committees, respectively:
This provision was made effective Jan. 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat.
§67ft 812). The rule is mandatory on the Speaker in
referring public bills and on Members in referring private bills and
petitions under Rule XXII, but when the House itself refers a bill it
may send it to any committee without regard to the rules of jurisdic-
tion (IV, 4375; V, 5527; VII, 2131) and jurisdiction is thereby con-
ferred (IV, 4362-4364; VII, 2105). Motions for change of reference
of public bills must be authorized by the committee claiming jurisdic-
tion (§ 854; VII, 2121; February 13, 1918, p. 2070; Jan. 10, 1941, p.
100), must be made immediately following the reading of the Journal
(VII, 1809, 2119, 2120), must apply to a single bill and not to a class of
bills (VII, 2125), must apply to a bill erroneously referred (VII, 2125),
may be amended (VII, 2127), may not be divided (VII, 2125), and
may not be debated (VII, 2126, 2128), but are not in order on Cal-
endar Wednesday (VII, 2117), and are not privileged if the original
reference was not erroneous (VII, 2125). A bill may not be divided
among two or more committees, although it may contain matters
properly within the jurisdiction of several committees (IV, 4372) . A
bill may be originated by a committee having jurisdiction of a subject by
means of a petition (IV, 3365) properly referred (IV, 4361). It has gen-
erally been held that a committee may not report a bill whereof the
subject matter has not been referred to it by the House (IV, 4355-4360,
4372; VII, 1029, 2101, 2102). Where a House bill is returned from the
Senate with a substitute amendment relating to a new and different
subject, the reference should nevertheless be to the committee having
jurisdiction of the original bill (IV, 4373, 4374). The erroneous
reference of a public bill under this rule, if it remain uncorrected, gives
jurisdiction (IV, 4365-4371; VII, 2108), but such is not the case with
[328]
RtTUES OF THE HOUSE OF REPRESENTATIVES
RnleXI. §677.
a private bill or petition (IV, 3364, 4382-4389) unless the reference be
made by action of the House itself (IV, 4390, 4391; VII, 2131). A
point of order as to the reference of a private bill is good when the bill
comes up for consideration, either in the House or in Committee of the
Whole (IV, 4382-4389; VII, 2116, 2132; VIII, 2262) or at any time
prior to passage (VII, 2116). The reference of a bill to a committee
involving the same subject matter as a bill previously reported confers
jurisdiction anew upon the committee to consider and report the bill
subsequently introduced (VIII, 2311).
Rule XXII, cl. 2, prohibits the reception or consideration of certain
private bills relating to claims, pensions, construction of bridges, correc-
tion of military or naval records, etc.
1. Committee on Agriculture.
(a) Adulteration of seeds, insect pests, and pro-
tection of birds and animals in forest
§ 677. Agriculture.
reserves.
(b) Agriculture generally.
(c) Agricultural and industrial chemistry.
(d) Agricultural colleges and experiment stations.
(e) Agricultural economics and research,
(f) Agricultural education extension services.
(g) Agricultural production and marketing and
stabilization of prices of agricultural products.
(h) Animal industry and diseases of animals,
(i) Crop insurance and soil conservation,
(j) Dairy industry.
(k) Entomology and plant quarantine.
(1) Extension of farm credit and farm security,
(m) Forestry in general, and forest reserves other
than those created from the public domain,
(n) Human nutrition and home economics.
[329]
RTOES OF THE HOUSE OF REPRESENTATIVES
§678.
(o) Inspection of livestock and meat products.
(p) Plant industry, soils, and agricultural engi-
neering.
(q) Rural electrification.
This committee was established in 1820 (IV, 4149) . The jurisdiction
as defined in the rule was made effective January 2,
§678. History- 1343 , as & part of the Legislative Reorganization
Act of 1946 (60 Stat. 812). In 1880 the subject of forestry was added
to its jurisdiction, and at the same time the authority to receive the esti-
mates and report appropriations was conferred (IV, 4149), but on July 1,
1920, authority to report appropriations for the Department of Agricul-
ture was transferred to the Committee on Appropriations (VII, I860).
It has had jurisdiction of bills for establishing and regulating the
Department of Agriculture (IV, 4150), for inspection of livestock and
meat products, regulation of animal industry, cUseases of animals
(IV, 4154; VII, 1862), adulteration of seeds, insect pests, protection
of birds and animals in forest reserves (IV, 4157; VII, 1870), the im-
provement of the breed of horses, even with the cavalry service in
view (IV, 4158; VII, 1865).
The committee, having in charge the general subject of forestry, has
reported bills relating to timber, and forest reserves other than those
created from the public domain (IV, 4160).
It has also exercised jurisdiction of bills relating to agricultural
colleges and experiment stations (IV, 4152), incorporation of agricul-
tural societies (IV, 4159), establishment of a highway commission
(IV, 4153), and to discourage fictitious and gambling transactions in
farm products (IV, 4161; VII, 1861).
The committee has, by direct action of the House, secured jurisdic-
tion of bills imposing an internal-revenue tax on oleomargarine (IV,
4156), and has also had a general, but not exclusive jurisdiction of
bills relating to imitation dairy products, manufacture of lard, etc.
(IV, 4156 ; VII, 1869) , and tax on cotton and grain futures (65th Gong.) .
But this jurisdiction of revenue matters is exceptional (IV, 4 155).
The House referred the President's message dealing with tfee refinanc-
ing of farm-mortgage indebtedness to the committee thus conferring
jurisdiction (Apr. 4, 1933, p. 1209) .
OF T&E KOtrSE OF
Rule XI. § 679.
2. Committee on Appropriations.
(a) Appropriation of the revenue for the support of
§ 679. Appropria- the Government.
tiohs- (b) The committee is authorized,
acting as a whole or by any subcommittee thereof
appointed by the chairman for the purposes hereof
and in accordance with procedures authorized by the
committee by a majority vote, to conduct studies
and examinations of the organization and operation
of any executive department or other executive
agency (including any agency the majority of the
stock of which is owned by the Government of the
United States) as it may deem necessary to assist it
in the determination of matters within its jurisdic-
tion; and for this purpose the committee or any sub-
committee thereof is authorized to sit and act at such
times and places within the United States, whether
the House is in session,, has recessed, or has adjourned,
to hold such hearings, to require the attendance of
such witnesses, and the production of such books or
papers or documents or vouchers by subpena or
otherwise, and to take such testimony and records
as it deems necessary. Subpe&as may be issued over
the signature of the chairman of the committee or
subcommittee, or by any person designated by him,
and shall be served by such person or persons as the
chairman of the committee or subcommittee may
designate. The chairman of the committee or sub-
1331]
BULKS OF £EE HOUSE OF REPRESENTATIVES
§§680,681. Rule XI.
committee, or any member thereof, may administer
oaths to witnesses.
This committee was established in 1865, when all the general appro-
priation bills were confided to its care. In 1885 a
5 68°" portion of the bills were distributed to other com-
mittees. On July 1, 1920, the committee was given jurisdiction over
all appropriations by an amendment to the Rules adopted June 1, 1920
(VII, 1741).
While this committee has authority to report appropriations, the
power to report legislation relating thereto belongs to other com-
mittees (IV, 4033). General appropriation bills may not be considered
in the House until reports and hearings have been available 3 days in
advance (§ 848). The authority to conduct studies and examinations
of the organization and operation of executive departments and
agencies was given this committee on February 11, 1943, p. 884;
continued by resolution of January 9, 1945, p. 135, and incorporated
in permanent law in Sec. 202 (b) of the Legislative Reorganization
Act of 1946 (60 Stat. 812). Clause 2, embracing the authority to
conduct studies and examinations, was made a part of the standing
rules January 3, 1953, p. 17, 24. The Committees on Appropriations
of the House and Senate are authorized to develop a standard appro-
priation classification schedule; study existing permanent appropria-
tions and recommend which, if any, should be discontinued; and the
disposition of funds resulting from the sale of Government property or
services (§ 945). The committee also is authorized and directed to
join in reporting a legislative budget each fiscal year accompanied by
a concurrent resolution adopting such budget (§ 943).
3. Committee on Armed Services.
(a) Common defense generally.
§ 68i. Armed (b) The Department of Defense gen-
Services- erally, including the Departments of
the Army, Navy, and Air Force generally.
(c) Ammunition depots; forts; arsenals; Army,
Navy, and Air Force reservations and establishments.
(d) Conservation, development, and use of naval
petroleum and oil shale reserves.
(e) Pay, promotion, retirement, and other benefits
and privileges of members of the armed forces.
[332]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XL §§ 682. 6S3.
(f) Scientific research and development in support
of the armed services.
(g) Selective service.
(h) Size and composition of the Army, Navy, and
Air Force.
(i) Soldiers' and sailors7 homes.
(j) Strategic and critical materials necessary for
the common defense.
This committee was established January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat.
5682' 812), and combined the Committees on Military
Affairs and on Naval Affairs which were created in 1822 (IV, 4179,
4189). These two committees had jurisdiction of appropriations from
1885 to 1920 (IV, 4179, 4189; VII, 1741), The present form of this
clause was adopted January 3, 1953, p. 17, to reflect committee juris-
diction over the Department of Defense (created in the National
Security Act, 61 Stat. 495).
4. Committee on Banking and Currency.
(a) Banking and currency generally.
(b) Control of price of commodities, rents, or
§ 683. Banking and SerVlCeS.
currency. ^ Deposit insurance.
(d) Federal Reserve System.
(e) Financial aid to commerce and industry, other
than matters relating to such aid which are specifi-
cally assigned to other committees under this rule.
(f) Gold and silver, including the coinage thereof.
(g) Issuance of notes and redemption thereof,
(h) Public and private housing.
(i) Valuation and revaluation of the dollar.
This committee was established in 1865 (IV, 4082). The jurisdiction
defined in the rule was made effective January 2, 1947, as a part of the
[333]
OF THE HOUSE OF REPRESENTATIVES
$§684,685 Rule XI.
Legislative Reorganization Act of 1946 (60, Stat.. 812) , Pursuant to the
Reorganization Act, the committee absorbed jurisdiction of the former
Committee on Coinage, Weights, and Measures, created in 1864 (IV,
4090), except jurisdiction over matters relating to the standardization
of weights and measures and the metric system. Jurisdiction over such
matters, transferred by that Act to the Committee on Interstate and
Foreign Commerce, was, by resolution of July 21, 1958, p. 14513,
transferred to the Committee on Science and Astronautics.
It has reported on subjects relating to the strengthening of public
credit, issues of notes and taxation and redemption
§684' thereof (IV, 4084), propositions to maintain the
parity of the money of the United States (IV, 4089; VII, 1792), the
issue of silver certificates as currency (IV, 4087, 4088), national banks
and current deposits of public money (IV, 4083; VII, 1790), the incor-
poration of an international bank (IV, 4086), subjects relating to the
Freedman's Bank (IV, 4085), and Federal Reserve system, farm loan
act, home loan bills, stabilization of the Collar, War Finance Corpora-
tion, Federal Reserve Baak buildings (VII, 179.3, 1795).
5* Committee on tbe District of Columbia.
(a) All measures relating to the municipal affairs
§685. District of of the District of Columbia in general,
coi^bia. other tjlan appropriations therefor,
including —
(b) Adulteration of foods and drugs.
(c) Incorporation and organization of societies.
(d) Insurance, executors, administrators, wills, and
divorce.
(e) Municipal code and amendments to the crim-
inal and corporation laws.
(f) Municipal and juvenile courts.
(g) Public health and safety, sanitation, and
quarantine regulations.
(h) Regulation of sale of intoxicating liquors,
(i) Taxes and tax sales.
[384]
RtJLES OF THE HOUSE OF REPRESENTATIVES
Rule XL §686,687.
This committee was established in 1808 (IV, 4276). The juris-
diction of this committee as defined in the rule was
made effective January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat. 812). It formerly
had jurisdiction of matters relating to the Government Hospital for
the Insane (IV, 4285) which subject is now under the jurisdiction of
the Committee on Education and Labor.
It reports bills proposing legislation as to the general municipal affairs
of the District (IV, 4277) , relating to health, sanitary and quarantine
regulations (IV, 4284; VII, 2008), holidays (IV, 4283; VII, 2011),
protection of fish and game (IV, 4282), regulation of sale of intoxicating
liquors (IV, 4280), adulteration of food, drugs, etc. (IV, 4280), taxes
and tax sales (IV, 4279), insurance (IV, 4278), bills for preserving public
order at times of inaugurations (IV, 4292), harbor regulations and the
bridge over the Eastern Branch (IV, 4286), executors, administrators,
wills, and divorce (IV, 4289), police and juvenile courts and justices
of the peace (IV, 4290), incorporation and organization of societies
(IV, 4288; VII, 2006, 2013), municipal code and amendments to the
criminal and corporation laws (IV, 4287; VII, 2007). The jurisdiction
of this committee as to matters affecting the higher courts of the Dis-
trict has been exceptional rather than general (IV, 4291).
6. Committee on Education and Labor.
(a) Measures relating to education or labor gener-
§ 687. Education
and Labor. (ty Child M)Or.
(c) Columbia Institution for the Deaf, Dumb, and
Blind; Howard University; Freedmen's Hospital; and
Saint Elizabeths Hospital.
(d) Convict labor and the entry of goods made by
convicts into interstate commerce.
(e) Labor standards.
(f) Labor statistics.
(g) Mediation and arbitration of labor disputes.
[335]
RTJUES OF THE HOUSE OF REPRESENTATIVES
59. Rule XL
(h) Regulation or prevention of importation of
foreign laborers under contract.
(i) School-lunch program.
(j) United States Employees' Compensation Com-
mission.
(k) Vocational rehabilitation.
(1) Wages and hours of labor.
(m) Welfare of miners.
This committee was established January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat.
812), and combined the Committees on Education
(created in 1867, IV, 4242) and Labor (created in 1883, IV, 4244). The
Columbia Institute for the Deaf, Dumb, and Blind was renamed
"Gallaudet College" (68 Stat. 265).
Vocational Rehabilitation of veterans is under the jurisdiction of
the Committee on Veterans' Affairs.
7. Committee on Foreign Affairs.
(a) Relations of the United States with foreign
§689. Foreign nations generally.
AJWw" (b) Acquisition of land and buildings
for embassies and legations in foreign countries.
(c) Establishment of boundary lines between the
United States and foreign nations.
(d) Foreign loans.
(e) International conferences and congresses.
(f) Intervention abroad and declarations of war.
(g) Measures relating to the diplomatic service.
(h) Measures to foster commercial intercourse with
foreign nations and to safeguard American business
interests abroad,
(i) Neutrality.
[336]
RULES OP THE HOUSE OF REPRESENTATIVES
Rule XI.
(j) Protection of American citizens abroad and
expatriation.
(k) The American National Red Cross.
(1) United Nations Organization and international
financial and monetary organizations.
The jurisdiction as defined in the rule was made effective January
2, 1947, as a part of the Legislative Reorganization
5 Act of 1946 (60 Stat. 812).
This committee was established in 1822 (IV, 4162), and had authority
to report appropriations from 1885 to 1920.
It has a broad jurisdiction over foreign relations, including bills to
establish boundary lines between the United States and foreign nations,
to determine naval strength, and regulate bridges and dams on interna-
tional waters (IV, 4166; see also "General Bridge Act," 33 U. S. C. 525,
533), for the protection of American citizens abroad and expatriation
(IV, 4169; VII, 1883), to maintain the treaty rights of American
fishermen (IV, 4171), for extradition with foreign nations, international
arbitration, relating to violation of neutrality (IV, 4178a), international
conferences and congresses (IV, 4177; VII, 1884), the incorporation of
the American National Red Cross and protection of its insignia (IV,
4173), immigration of Chinese and Japanese (IV, 4172), intervention
abroad and declarations of war (IV, 4164; VII, 1880), affairs of the con-
sular service, including acquisition of land and buildings for legations
in foreign capitals (IV, 4163; VII, 1879), creation of courts of the United
States in foreign countries (IV, 4167), treaty regulations as to protec-
tion of fur seals (IV, 4170), matters relating to the Philippines (see
60 Stat. 315).
The committee has also considered measures for fostering commercial
intercourse with foreign nations and for safeguarding American business
interests abroad (IV, 4175), and even the subjects of commercial treaties
and reciprocal arrangements (IV, 4174), although in later practice the
Committee on Ways and Means has considered such matters (IV, 4021) .
Foreign Affairs has exercised a general but not exclusive jurisdiction
over legislation relating to claims having international relations (IV,
4168; VII, 1882).
[337]
OF THE HOUSE OF
8691.
8. Coimmttee on Government Operations.
(a) Budget and accounting measures, other than
appropriations.
§69i. Government /i \ TDoQrganizations in the executive
operations. V*-V , y>«
branch of the Government.
(c) Such committee shall have the duty of—
(1) receiving and examining reports of the Comp-
troller General of the United States and of submitting
such recommendations to the House as it deems
necessary or desirable in connection with the subject
matter of such reports;
(2) studying the operation of Government ac-
tivities at all levels with a view to determining its
economy and efficiency;
(3) evaluating the effects of laws enacted to re-
organize the legislative and executive branches of the
Government;
(4) studying intergovernmental relationships be-
tween the United States and the States and munici-
palities, and between the United States and inter-
national organizations of which the United States is a
member.
(d) For the purpose of performing such duties the
committee, or any subcommittee thereof when au-
thorized by the committee, is authorized to sit, hold
hearings, and act at such times and places within the
United States, whether or not the House is in session,
is in recess, or has adjourned, to require by subpena
or otherwise the attendance of such witnesses and
[338]
RULES OF THE HOUSE OF REPRESENTATIVES
KuleXI. §§692,693*
the production of such papers, documents, and books,
and to take such testimony as it deems necessary.
Subpenas may be issued under the signature of the
chairman of the committee or of any subcommittee,
or by any member designated by any such chairman,
and may be served by any person designated by any
such chairman or member.
The name -of this committee was on July 3, 1952, p. 9217, changed
from "Expenditures in the Executive Departments"
^692* to "Government Operations." The former Com-
mittee on Expenditures in the Executive Departments was established
December 5, 1927 (VII, 2041), and took the place of eleven separate
committees on expenditures in the several executive departments.
The first of these committees was established in 1816, and others were
added as new departments were created (IV, 4315). They reported
bills relating to the efficiency and integrity of the public service (IV,
4320), and creation and abolition of offices (IV, 4318). The juris-
diction as now defined in the rule was made effective January 2, 1947,
as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
The paragraph giving the committee the power of subpena, was
adopted February 10, 1947, p. 942.
9. Committee cm House Administration.
(a) Appropriations from the contingent fund.
§693. House Ad- (b) Auditing and settling of all ac-
mixifetratkm. counts which may be charged to the
contingent fund.
(c) Employment of persons by the House, in-
cluding clerks for Members and committees, and
reporters of debates.
(d) Except as provided in clause 1-5 (d), matters
relating to the Library of Congress and the House
Library; statuary and pictures; acceptance or pur-
i[3S9]
RTOES OF THE HOUSE OF REPRESENTATIVES
5693. Rule XL
chase of works of art for the Capitol; the Botanic
Gardens; management of the Library of Congress;
purchase of books and manuscripts; erection of
monuments to the memory of individuals.
(e) Except as provided in clause 15 (d), matters
relating to the Smithsonian Institution and the in-
corporation of similar institutions.
(f) Expenditure of contingent fund of the House.
(g) Matters relating to printing and correction of
the Congressional Record.
(h) Measures relating to accounts of the House
generally.
(i) Measures relating to assignment of office space
for Members and committees.
(j) Measures relating to the disposition of useless
executive papers.
(k) Measures relating to the election of the Presi-
dent, Vice President, or Members of Congress;
corrupt practices; contested elections; credentials
and qualifications; and Federal elections generally.
(1) Measures relating to services to the House,
including the House Restaurant and administration
of the House Office Buildings and of the House wing
of the Capitol.
(m) Measures relating to the travel of Members of
the House.
(n) Such committee shall also have the duty of —
(1) arranging a suitable program for each day
observed by the House of Representatives as a
[340]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XI. 5§ 694, 695.
memorial day in memory of Members of the
Senate and House of Representatives who have
died during the preceding period, and to arrange
for the publication of the proceedings thereof;
(2) examining all bills, amendments, and joint
resolutions after passage by the House; and in
cooperation with the Senate, of examining all bills
and joint resolutions which shall have passed both
Houses, to see that they are correctly enrolled; and
when signed by the Speaker of the House and the
President of the Senate, shall forthwith present the
same, when they shall have originated in the House,
to the President of the United States in person, and
report the fact and date of such presentation to the
House;
(3) reporting to the Sergeant-at-Arms of the
House the travel of Members of the House.
This committee was created January 2, 1947, as a part of the Legisla-
tive Reorganization Act of 1946 (60 Stat. 812), and
6 combined the Committees on Accounts (created in
1803, IV; 4328), Enrolled Bills (created in 1789, IV, 4350), Disposition
of Executive Papers (created in 1889, IV, 4419), Printing (created in
1846), Elections (created in 1794 and divided into three committees
in 1895, IV, 4019), Election of President, Vice President, and Repre-
sentatives in Congress (created in 1893, IV, 4299), and Memorials
(created January 3, 1929, VII, 2080).
The Committee on House Administration now has jurisdiction of
measures relating to the House restaurant which for
§695. House many years was under jurisdiction of the former
Committee on Accounts. On September 5, 1940,
p. 11552, the management of the House restaurant was, by resolution,
placed under the Architect of the Capitol.
625S10— H. Doc. 459, 86-2 23 [341]
RULES Or THE HOUSE OF KEPEESENTATIVES
§§696-701. Rule XL
The Committee on House Administration has absorbed the Com-
mittee on Enrolled Bills which was established in
§696. Enrolled bais. I7sg b^ ^ .oint ^ of the two Houses. This rule
lapsed in 1876 with the other joint rules; but in 1880 the rules of the
House were amended so as to recognize the joint committee (IV,
4350, 4416; VII, 2099). The Committee on House Administration and
the Secretary of the Senate make comparisons of bills of their own
House for enrollment and the two cooperate in the interchange of
bills for signature.
The Committee on House Administration under the Reorganization
Act has jurisdiction of some of the subjects formerly
§§697, 698. Library. ^^ the jurisdiction of the Joint Committee on
the Library, such as matters relating to the Library of Congress and the
House Library, statuary and pictures, acceptance or purchase of works
of art for the Capitol, the Botanic Gardens, management of the
Library of Congress, purchase of books and manuscripts, erection of
monuments to the memory of individuals, matters relating to the
Smithsonian Institution, and the incorporation of similar institutions;
except measures relating to the construction or reconstruction, main-
tenance, and care of the buildings and grounds of the Botanic Gardens,
the Library of Congress, and the Smithsonian Institution, which
functions are now under the Committee on Public Works. The House
Members of the Joint Committee on the Library, provided for by law
(2 U. S. C. 132b), are elected by resolution each Congress.
The Committee on House Administration has jurisdiction of matters
relating to printing and correction of the Congres-
sional Record, formerly within the jurisdiction of the
Committee on Printing. The House Members of
the Joint. Committee on Printing, provided for by law (44 U. S. C. 1),
are elected by resolution each Congress.
The Committee on House Administration has jurisdiction of meas-
§700. Contested ures relating to the election of the President, Vice
Elections and President, or Members of Congress; corrupt prac-
Eiectorai count, tices; contested elections; credentials and qualifica-
tions; Federal elections generally, and the Electoral count which for-
merly was within the jurisdiction of a Committee on Election of the
President, Vice President, and Representatives in Congress (IV, 4303).
The Committee1 on House Administration has jurisdiction of sub-
§ 701. Memorial ject of memorial services in memory of Members who
services. h&ve died during the preceding period, a matter
formerly under jurisdiction of a Committee on Memorials.
[342]
RUIZES OF THE HOUSE OS' REPRESENTATIVES
Rule XL § 702.
10. Committee on Interior and Insular Affairs.
(a) Forest reserves and national parks created
§702. Interior and frOEd the public domain.
insuiaraflairs. (b) porfeiture of land grants and
alien ownership, including alien ownership of mineral
lands.
(c) Geological Survey.
(d) Interstate compacts relating to apportion-
ment of waters for irrigation purposes.
(e) Irrigation and reclamation, including water
supply for reclamation projects, and easements of
public lands for irrigation projects, and acquisition of
private lands when necessary to complete irrigation
projects.
(f) Measures relating to the care, education, and
management of Indians, including the care and allot-
ment of Indian lands and general and special measures
relating to claims which are paid out of Indian funds.
(g) Measures relating generally to Hawaii, Alaska,
and the insular possessions of the United States,
except those affecting the revenue and appropriations.
(h) Military parks and battlefields, and national
cemeteries.
(i) Mineral land laws and claims and entries
thereunder.
(j) Mineral resources of the public lands.
(k) Mining interests generally.
(1) Mining schools and experimental stations.
[3431
RULES OF THE HOUSE OF REPRESENTATIVES
§ 703. Rule XL
(m) Petroleum conservation on the public lands
and conservation of the radium supply in the United
States.
(n) Preservation of prehistoric ruins and objects
of interest on the public domain.
(o) Public lands generally, including entry, ease-
ments, and grazing thereon.
(p) Relations of the United States with the
Indians and the Indian tribes.
The name of this committee was on February 2, 1951, p. 883, changed
from "Public Lands" to "Interior and Insular
§703- Affairs." The Committee on Public Lands was
created in 1805 (IV, 4194). The jurisdiction as defined in the rule was
made effective January 2, 1947, as a part of the Legislative Reorgan-
ization Act of 1946 (60 Stat. 812), and combined the Committees on
Mines and Mining (created in 1865, IV, 4223), Insular Affairs (created
in 1899, IV, 4213), Irrigation and Reclamation (created in 1893, IV,
4307), Indian Affairs (created in 1821, IV, 4204), and Territories
(created in 1825, IV, 4208). The subject of military parks, battle-
fields, and national cemeteries given this committee under the Reor-
ganization Act was formerly under jurisdiction of a Committee on
Military Affairs which was absorbed by the Committee on Armed
Services. The subject of welfare of men working in mines formerly
under the jurisdiction of a Committee on Mines and Mining, which
committee was absorbed by the Committee on Interior and Insular
Affairs, was vested in the Committee on Education and Labor by the
Reorganization Act (60 Stat. 812) .
It reports on subjects relating to the mineral resources of the public
lands (IV, 4202), forfeiture of land grants and alien ownership (IV,
4201), public lands of Alaska (IV, 4196), forest reserves (IV, 4197),
and national parks created out of the public domain (IV, 4199; VII,
1925), admission of States (IV, 4208), preservation of prehistoric ruins
and objects of interest on the public domain (IV, 4199), the reservation
at Arkansas Hot Springs (IV, 4200), and sometimes to projects of
general legislation relating to various classes of land claims (IV, 4203).
[344]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XI. §704.
11. Committee on Interstate and Foreign Com-
merce.
(a) Interstate and foreign commerce generally.
§704. interstate (b) Civil aeronautics.
and foreign / \ T i i ^
commerce. (c) Inland waterways.
(d) Interstate oil compacts and petroleum and
natural gas, except on the public lands.
(e) Public health and quarantine.
(f) Railroad labor and railroad retirement and
unemployment, except revenue measures relating
thereto.
(g) Regulation of interstate and foreign com-
munications.
(h) Regulation of interstate and foreign trans-
portation, except transportation by water not subject
to the jurisdiction of the Interstate Commerce
Commission.
(i) Regulation of interstate transmission of power,
except the installation of connections between
Government water-power projects.
(j) Securities and exchanges.
(k) Weather Bureau.
This committee dates from 1795 (IV, 4096). Jurisdiction delineated
in the rule became effective July 21, 1958, p. 14513, and at that time
matters relating to the Bureau of Standards, standardization of weights
and measures, and the metric system (conferred on the committee by
the Legislative Reorganization Act of 1946, 60 Stat. 812) was trans-
ferred to the Committee on Science and Astronautics.
It formerly reported the river and harbor appropriation bill, but in
1883 a Committee on Rivers and Harbors was created to care for
[345]
ROTES OF THE HOUSE OF
§705,706. Bale XL
this bill (IV, 4096). Since the Sixty-sixth Congress these appropria-
tions have been reported by the Appropriations Committee. The rule
was amended in the Seventy-fourth Congress depriving the Committee
on Interstate and Foreign Commerce of its jurisdiction over bills dealing
with water transportation, Coast Guard, life-saving service, light-
houses, lightships, ocean derelicts, Coast and Geodetic Survey, and
the Panama Canal and jurisdiction over those subjects was vested in
the Committee on the Merchant Marine and Fisheries while exclu-
sive jurisdiction over bills relating to radio was transferred to the
Committee on Interstate and Foreign Commerce (VII, 1814, 1847).
Bills relating to the Department of Commerce and the Interstate
Commerce Commission (IV, 4098) are reported by this committee.
The Committee on Interstate and Foreign Commerce has general
jurisdiction of bills affecting domestic and foreign
§705. Jurisdiction. commerce, except such as may affect the revenue
(IV, 4097).
It also has jurisdiction of bills authorizing the construction of marine
hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816),
the general subjects of quarantine and the establishment of quaran-
tine stations (IV, 4109), health, spread of leprosy and other contagious
diseases, international congress of hygiene, etc, (IV, 4111).
Bills declaring as to whether or not streams are navigable and for pre-
venting or regulating hindrances to navigation (IV, 4101; VTI, 1810),
such as bridges (IV, 4099; VII, 181.2) and dams, except such bridges
and dams as are a part of river improvements (IV, 4100; VII, 1810).
This committee formerly had jurisdiction of bills proposing construc-
tion of bridges across navigable streams which are now banned (§ 852;
see also General Bridge Act, 33 U. S, C. 525, 533).
The Committee on Interstate and Foreign Commerce considers bills
§ 706. Jurisdiction regulating railroads in their interstate commerce rela-
over commerce br tions (IV, 41 14) , bills relating to commercial travelers
railroads. ^ agen^s of interstate commerce and the branding of
articles going into such commerce (IV, 4115), the prevention of the
carriage of indecent and harmful pictures or literature (IV, 4116), the
adulteration, misbranding, etc., of foods and drugs (IV, 4112), and
protection of game through prohibition of interstate transportation
(IV, 4117), The regulation of exportation of livestock, meat, and other
agricultural products have also been to a certain extent within the
jurisdiction of this committee (IV, 4113).
The committee exercises jurisdiction over the subject of commercial
aviation (VII, 1822).
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XI. § 707,
12. Committee on the Judiciary.
(a) Judicial proceedings, civil and
§ 707. Judiciary. . ,~ ° 7
criminal generally.
(b) Apportionment of Representatives.
(c) Bankruptcy, mutiny, espionage, and counter-
feiting.
(d) Civil liberties.
(e) Constitutional amendments.
(f) Federal courts and judges.
(g) Holidays and celebrations.
(h) Immigration and naturalization.
(i) Interstate compacts generally.
(3) Local courts in the Territories and possessions.
(k) Measures relating to claims against the United
States.
(1) Meetings of Congress, attendance of Members
and their acceptance of incompatible offices.
(m) National penitentiaries.
(n) Patent Office.
(o) Patents, copyrights, and trade-marks.
(p) Presidential succession.
(q) Protection of trade and commerce against
unlawful restraints and monopolies.
(r) Revision and codification of the Statutes of
the United States.
(s) State and Territorial boundary lines.
[347]
RULES OF THE HOUSE OF REPRESENTATIVES
§708,709. Rule XI.
This committee dates from 1813 (IV, 4054). The jurisdiction as
defined in the rule was made effective January 2,
*708" 1947, as a part of the Legislative Reorganization
Act of 1946 (60 Stat. 812), and combined the Committees on Revision
of Laws (created 1868, IV, 4293), Patents (created in 1837, IV, 4254),
Immigration and Naturalization (created in 1893, IV, 4309), Claims
(created in 1794, IV, 4262), and War Claims (created in 1883, IV, 4269) .
It considers charges against judges of the United States courts (IV,
4062), legislative propositions relating to the service of the Department
of Justice (IV, 4067), bills relating to local courts in the District of
Columbia, Alaska, and the Territories (IV, 4068), the establishment
of a court of patent appeals (IV, 4075), relations of the courts of labor
and corporations (IV, 4072), crimes, penalties, extradition (IV, 4069;
VII, 1747), construction and management of national penitentiaries
(IV, 4070), matters relating to trusts and corporations (IV, 4057, 4059,
4060; VII , 1764), claims of States against the United States (IV, 4080),
general legislation relating to international and other claims (IV, 4078,
4079, 4081), bills relating to the office of President (IV, 4077), to the
flag (IV, 4055), holidays and celebrations (IV, 4073), bankruptcy (IV,
4065), removal of political disabilities (IV, 4058), prohibition of traffic
in intoxicating liquors (IV, 4061; VII, 1773), mutiny and willful de-
struction of vessels (IV, 4145), counterfeiting (IV, 4071; VII, 1753),
settlement of State and Territorial boundary lines (IV, 4060; VII,
1768), meeting of Congress and attendance of Members and their ac-
ceptance of incompatible offices (IV, 4077; VI, 65). This commit-
tee also has jurisdiction over joint resolutions proposing amend-
ments to the Constitution (IV, 4056; VII, 1779). It also reports on
important questions of law relating to subjects naturally within the
jurisdiction of other committees (IV, 4063) .
13. Committee on Merchant Marine and Fish-
eries.
(a) Merchant marine generally.
§709. Merchant (b) Coast and Geodetic Survey.
marine ^
and fisheries. (c) Coast Guard, including lif esaving
service, lighthouses, lightships, and ocean derelicts.
RTJUES OP Tmi HOUSE OF REPRJESENTATTVES
Rule XL § 710.
(d) Fisheries and wildlife, including research,
restoration, refuges, and conservation.
(e) Measures relating to the regulation of common
carriers by water (except matters subject to the
jurisdiction of the Interstate Commerce Commission)
and to the inspection of merchant marine vessels,
lights and signals, lifesaving equipment, and fire
protection on such vessels.
(f) Merchant marine officers and seamen.
(g) Navigation and the laws relating thereto,
including pilotage.
(h) Panama Canal and the maintenance and oper-
ation of the Panama Canal, including the administra-
tion, sanitation, and government of the Canal Zone;
and interoceanic canals generally.
(i) Registering and licensing of vessels and small
boats.
(j) Rules and international arrangements to pre-
vent collisions at sea.
(k) United States Coast Guard and Merchant
Marine Academies.
This committee was established in 1887 (IV, 4129; VII, 1847, 1848),
and its jurisdiction enlarged and further defined by
§ the Legislative Reorganization Act of 1946 (60 St-at. 812).
The jurisdiction of this committee includes the general subjects of
shipbuilding, admission of foreign-built ships, registering and licensing
of vessels (IV, 4134), including pleasure yachts (IV, 4143), tonnage
taxes and fines and penalties on vessels (IV, 4131; VII, 1856), the
extension and increase of the merchant marine (IV, 4138), navigation
and the laws relating thereto (IV, 4130), pilotage (IV, 4136), the nam-
ing and measuring of vessels (IV, 4132), rules and international arrange-
[349]
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 711, 712. Rul«* XL
ments to prevent collisions at sea (IV, 4135), and the shipping, wages,
treatment (IV, 4140), and health of sailors (IV, 4141). The com-
mittee has also exercised a general jurisdiction over subjects relating
to inspection of steam vessels as to hulls and boilers (IV, 4133; VII,
1854), lights and signals (IV, 4135), and protection from fixe on vessels
(IV, 4141), collisions, coasting districts, marine schools, etc. (IV,
4146; VII, 1857), regulation of small vessels propelled by naphtha, etc.,
and transportation of inflammable substances on passenger vessels
(IV, 4142), the titles, conduct, and licensing of officers of vessels,
(IV, 4139), and regulation of shipping in Hawaii (IV, 4130). The
committee exercises jurisdiction as to the seal herds and other revenue
producing animals of Alaska (VII, 1725, 1851).
14. Committee on Post Office and Civil Service.
(a) Census and the collection of statistics generally.
§711. Post office (b) Federal Civil Service generally,
and civil service. ^ National Archives.
(d) Postal-savings banks.
(e) Postal service generally, including the railway
mail service, and measures relating to ocean mail and
pneumatic-tube service; but excluding post roads.
(f) Status of officers and employees of the United
States, including their compensation, classification,
and retirement.
This committee was created January 2, 1947, as a part of the Leg-
islative Reorganization Act of 1946 (60 Stat. 812;
and combined the former committees on "Post-
Office and Post-Roads" (created in 1808, IV, 4190), "Civil Service"
(created in 1893, IV, 4296), and "Census" (created in 1901, IV, 4351).
Matters relating to post-roads were transferred to the Committee on
Public Works. The committee also has jurisdiction of the National
Archives, formerly within the jurisdiction of a Committee on the
Library, and the census and collection of statistics generally formerly
within the jurisdiction of a Committee on the Census.
[350]
RUIZES OF THE HOUSE OF REPRESENTATIVES
Rule XI. § 713.
15. Committee on Public Works.
(a) Flood control and improvement of rivers and
harbors.
§ 713. Public Works. /i \ •»*• ^ ,- , i ^
(b) Measures relating to the Capitol
Building and the Senate and House Office Buildings.
(c) Measures relating to the construction or main-
tenance of roads and post roads, other than appro-
priations therefor; but it shall not be in order for any
bill providing general legislation in relation to roads
to contain any provision for any specific road, nor
for any bill in relation to a specific road to embrace
a provision in relation to any other specific road.
(d) Measures relating to the construction or recon-
struction, maintenance, and care of the buildings and
grounds of the Botanic Gardens, the Library of
Congress, and the Smithsonian Institute.
(e) Measures relating to the purchase of sites and
construction of post offices, customhouses, Federal
courthouses, and Government buildings within the
District of Columbia.
(f) Oil and other pollution of navigable waters.
(g) Public buildings and occupied or improved
grounds of the United States generally.
(h) Public reservations and parks within the Dis-
trict of Columbia, including Rock Creek Park and
the Zoological Park.
(i) Public works for the benefit of navigation,
including bridges and dams (other than international
bridges and dams) .
(j) Water power.
[351]
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 714-717. Rule XL
This committee was created and the jurisdiction as defined in the
rule made effective January 2, 1947, as a part of
§714' the Legislative Reorganization Act of 1946, 60
Stat. 812, and combined the Committees on Flood Control (created
1916, VII, 2069), Public Buildings and Grounds (created in 1837,
IV, 4231), Rivers and Harbors (created in 1883, IV, 4118), and Heads
(created June 2, 1913, VII, 2065). Reports from this committee
authorizing the improvement of rivers and harbors are privileged
(§ 726), and have privilege in the Committee of the Whole (§ 869).
16. Committee on Rules.
(a) The rules, joint rules, and order
§ 715. Rules. *• i • <• ,1 TT
of business of the House.
(b) Recesses and final adjournments of Congress.
(c) The Committee on Rules is authorized to sit
and act whether or not the House is in session.
The jurisdiction defined in the rule was made effective January 2,
.716 1947, as a part of the Legislative Reorganization
Act of 1946 (60 Stat. 812). Paragraph (c) is from
Sec. 134 (c) of that Act. The committee has had authority to sit during
sessions of the House, however, since 1893 (IV, 4546) . The subject of
recesses and final adjournments was formerly under the jurisdiction of
the Committee on Ways and Means.
This committee, which had existed as a select committee from 1789,
became a standing committee in 1880 (IV, 4321; VII, 2047). The
Speaker was first made a member of the committee in 1858 (IV, 4321),
and ceased to be a member on March 19, 1910 (VII, 2047). However,
the Legislative Reorganization Act of 1946 deleted from the former
rule the prohibition against the Speaker serving on the committee.
Primarily the jurisdiction of this committee is over propositions to
§ 717 make or change the rules (V, 6770, 6776 ; VII, 2047) ,
for the creation of committees (IV, 4322; VII, 2048),
and directing them to make investigations (IV, 4322-4324; VII, 2048).
It also reports resolutions relating to the hour of daily meeting and the
days on which the House shall sit (IV, 4325) , and orders relating to the
use of the galleries during the electoral count (IV, 4327).
[352]
RULES OP THE HOUSE OF REPRESENTATIVES
Bule XL §§ 718.
Since 1883 the Committee on Rules has reported special orders pro-
s ecial orders viding times and methods for consideration of
p " special bills or classes of bills, thereby enabling the
House by majority vote to forward particular legislation, instead of
being forced to use for the purpose the motion to suspend the rules,
which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV,
3238-3263).
Special orders may still be made by suspension of the rules (IV,
3154) or by unanimous consent (IV, 3165, 3166; VII, 758); but it is
not in order, by motion in the House, to provide that a subject be
made a special order for a given date (IV, 3163), or to make a special
order by a motion to postpone to a day certain (IV, 3164). But before
the adoption of rules, and consequently before there is a rule as to the
order of business, a Member may offer a special order for immediate
consideration (V, 4971, 5450). A special order reported by the Com-
mittee on Rules must be agreed to by a majority vote of the House
(IV, 3169).
It is not in order to move to postpone a special order providing for
the consideration of a class of bills (V, 4958), but a bill which comes
before the House by the terms of a special order merely assigning the
day for its consideration may be postponed by a majority vote (IV,
3177-3182). A motion to rescind a special order is not privileged un-
der the rules regulating the order of business (IV, 3173, 3174; V, 5323).
A motion to amend the Rules of the House does not present a ques-
tion of privilege (VIII, 3377), overruling (VIII, 3376).
For further discussion of the Committee on Rules see § 728.
17. Committee on Science and Astronautics.
(a) Astronautical research and development, in-
cluding resources, personnel, equipment, and facilities.
§718. science and (b) Bureau of Standards, standardi-
Astronautics. zation of weights and measures and
the metric system.
(c) National Aeronautics and Space Administra-
tion.
(d) National Aeronautics and Space Council.
[353]
RULES OF THE HOUSE OF REPRESENTATIVES
§§719-720.
(e) National Science Foundation.
(f) Outer space, including exploration and con-
trol thereof.
(g) Science Scholarships.
(h) Scientific research and development.
This committee was established July 21, 1958, p. 14513. It has
jurisdiction formerly vested in a Select Committee
5 719< on Astronautics and Space Exploration, established
March 5, 1958, p. 3443, and, in addition thereto, jurisdiction over
matters relating to the Bureau of Standards (transferred from the
Committee on Interstate and Foreign Commerce) and science
scholarships.
18. Committee on Un-American Activities.
(a) Un-American activities.
(b) The Committee on Un-American Activities, as
§720. un-American & whole or by subcommittee, is author-
Activities. ize(j ^0 make from time to time investi-
gations of (1) the extent, character, and objects of
un-American propaganda activities in the United
States, (2) the diffusion within the United States
of subversive and un-American propaganda that is
instigated from foreign countries or of a domestic
origin and attacks the principle of the form of govern-
ment as guaranteed by our Constitution, and (3) all
other questions in relation thereto that would aid
Congress in any necessary remedial legislation,.
The Committee on Un-American Activities shall
report to the House (or to the Clerk of the House
if the House is not in session) the results of any such
investigation, together with such recommendations
as it deems advisable.
[354]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XI. §§ 721-722.
For the purpose of any such investigation, the
Committee on Un-American Activities, or any sub-
committee thereof, is authorized to sit and act at
such times and places within the United States,
whether or not the House is sitting, has recessed, or
has adjourned, to hold such hearings, to require the
attendance of such witnesses and the production of
such books, papers, and documents, and to take such
testimony, as it deems necessary. Subpenas may
be issued under the signature of the chairman of the
committee or any subcommittee, or by any member
designated by any such chairman, and may be served
by any person designated by any such chairman or
member.
This committee was established as a standing committee on January
3, 1945, p. 10. It has jurisdiction of resolutions to
§ L define communism (Mar. 20, 1947, p. 23 15, 2343) and
also bills to protect the United States against certain un-American and
subversive activities by requiring registration of Communist organiza-
tions (Subversive Activities Control Act of 1950, 64 Stat. 987).
19. Committee on Veterans' Affairs.
(a) Veterans' measures generally.
§722. veterans* O3) Compensation, vocational reha-
Affairs. bilitation, and education of veterans.
(c) Life insurance issued by the Government on
account of service in the armed forces.
(d) Pensions of all the wars of the United States,
general and special.
(e) Readjustment of servicemen to civil life.
(f) Soldiers' and sailors' civil relief.
[355]
RULES OF THE HOUSE OF REPRESENTATIVES
§§723-725. Rule XI.
(g) Veterans' hospitals, medical care, and treat-
ment of veterans,
This committee was established January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat
5723' 812), and combined the Committee on World War
Veterans7 Legislation (created January 18, 1924, VII, 2077), Pensions
(an offshoot from the old Committee on Pensions and Revolutionary
Claims which was established in 1813, IV, 4258, 4260) and Invalid
Pensions (also an offshoot of the old Committee on Pensions and
Revolutionary Claims established in 1813). Vocational Rehabilitation
except that pertaining to veterans is under the jurisdiction of the
Committee on Education and Labor.
20. Committee on Ways and Means.
(a) Customs, collection districts, and ports of entry
§724. Wafs .nd sad delivery.
Means- (b) National social security.
(c) Reciprocal trade agreements.
(d) Revenue measures generally.
(e) Revenue measures relating to the insular pos-
sessions.
(f) The bonded debt of the United States.
(g) The deposit of public moneys,
(h) Transportation of dutiable goods.
As a select committee Ways and Means dates from 1789. It was
made a standing committee in 1802. Originally it
" considered both revenue and appropriations; but in
1865 the appropriation bills were given to the Committee on Appro-
priations and certain other bills to the Committee on Banking and
Currency (IV, 4020). The rule was also amended April 5, 1911, p. 58.
The jurisdiction of the Committee on Ways and Means was further de-
fined in the Legislative Reorganization Act of 1946 (60 Stat. 812) . The
subject of recesses and final adjournments formerly within the juris-
diction of this committee was, under the Reorganization Act, trans-
ferred to the Committee on Rules. The committee is authorized and
directed, in conjunction with others, to report a legislative budget for
the ensuing year, accompanied by a concurrent resolution adopting
such budget, and fixing the maximum amount to be appropriated for
expenditure in such year (§ 943).
[356]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XT. §726.
The revenue jurisdiction extends to such subjects as transportation
of dutiable goods, collection districts, ports of entry and delivery (IV,
4026), customs unions, reciprocity treaties (IV, 4021), revenue relations
of the United States with Puerto Rico (IV, 4025), the revenue bills
relating to agricultural products generally, excepting oleomargarine
(IV, 4022), and tax on cotton and grain futures. The committee
formerly had jurisdiction as to seal herds and other revenue producing
animals in Alaska but this jurisdiction was changed in the 6Sth Con-
gress (VII, 1725, 1851) to Merchant Marine and Fisheries.
The committee has jurisdiction of subjects relating to the Treasury
of the United States and the deposit of the public moneys (IV, 4028) ,
but it failed to make good a claim to the subjects of "national finances"
and "preservation of the Government credit" (IV, 4023).
The committee in the earlier practice reported resolutions distribut-
ing the President's annual message (IV, 4030), but since the first
session of the Sixty-fourth Congress this practice has been discontinued
(VIII, 3350).
21. The following-named committees shall have
« 79* i> - -i * leave to report at any time on the
§ 726. Privileged •*• fc *'
reports of matters herein stated, namely: The
committees. Committee on Appropriations — on the
general appropriation bills; the Committee on House
Administration — on the right of a Member to his
seat, enrolled bills, on all matters referred to it of
printing for the use of the House or the two Houses,
and on all matters of expenditure of the contingent
fund of the House; the Committee on Interior and
Insular Affairs — on bills for the forfeiture of land
grants to railroad and other corporations, bills pre-
venting speculation in the public lands, bills for the
reservation of the public lands for the benefit of
actual and bona fide settlers, and bills for the admis-
sion of new States ; the Committee on Public Works —
on bills authorizing the improvement of rivers and
harbors ; the Committee on Rules — on rules, joint rules,
and order of business; the Committee on Veterans'
025S10— H. Doc. 459, S6-2 24 [357]
RULES OF THE HOUSE OF REPRESENTATIVES
5 727. Rnle XL
Affairs — on general pension bills; the Committee on
Ways and Means — on bills raising revenue.
The beginnings of this rule appear as early as 1812, but it was in
§727. Origin and 1880 that the various provisions were consolidated
effect of the rule in one rule. The rule was amended by the Legisla-
ting privilege to tive Reorganization Act of 1946, 60 Stat. 812, and on
certain reports. February 2, 1951, p. 883. At the time these privi-
leges originated all reports were made on the floor, and often with great
difficulty because of the pressure of business (IV, 4621) . By giving this
privilege the most important matters of business were greatly expedited.
In 1890 a rule was adopted providing that reports should be made by
filing with the Clerk; but privileged reports must still be made from the
floor (IV, 3146; VIII,"" 2230). Thus the privilege of itself would now
be a disadvantage were it not for the fact that, except for general
appropriation bills on which printed hearings and reports must be
available for three days (§ 848), the right of reporting at any time
gives the right of immediate consideration by the House (IV, 3131,
3132, 3142-3147; VIII, 2291, 2312), and the matter so reported re-
mains privileged until disposed of (IV, 3145). The House proceeds to
the consideration of privileged questions only on motion directed to
be made by the several committees reporting such questions (VIII,
2310). Privileged questions reported adversely have the same status
so far as their privilege is concerned as those reported favorably (VI,
413; VIII, 2310).
The matters reported under the provisions of this rule are denomi-
nated "privileged reports" or "privileged questions," and since the
privilege relates merely to the order of business under the rules, they
must be distinguished from "questions of privilege" which relate to the
safety or dignity of the House itself defined in Rule IX (III, 2718).
Therefore "questions of privilege" take precedence over these matters
which are privileged under the rules (III, 2526-2530; V, 6454; VIII,
3465).
Privileged questions interrupt the regular order of business as estab-
lished by Rule XXIV, but when they are disposed of it continues on
from the point of interruption (IV, 3070, 3071). But the Speaker has
declined to allow a call of committees to be interrupted by a privileged
report (IV, 3132). The presence of matter not privileged with privi-
leged matter destroys the privileged character of a bill (IV, 4622, 4624,
4633, 4640, 4643; VIII, 2289), or resolution (VIII, 2300), and when
the text of a bill contains nonprivileged matter, privilege may not be
created by a committee amendment in the nature of a substitute not
containing the nonprivileged matter (IV, 4623) .
The House may give a committee leave to report at any time only
by the process of changing the rules (III, 1770).
[358]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XI. § 728.
The privilege given by this rule to the Committee on Rules is confined
§728. The privilege to "action touching rules, joint rules, and order of
of individual business" and this committee may not report as privi-
committees for leged a concurrent resolution providing for a Senate
reports- investigating committee (VIII, 2255), or provide for
the appointment of a clerk (VIII, 2256) ; but the privilege has been held
to include the right to report special orders for the consideration of
individual bills or classes of bills (V, 6774), or the consideration of a
specified amendment to a bill and prescribing a mode of considering
such amendment (VIII, 2258). A special rule providing for the con-
sideration of a bill is not invalidated by the fact that at the time the
rule was reported, the bill was not on the Calendar (VIII, 2259).
The privilege of the Committee on Ways and Means to report, "bills
raising revenue" is broadly construed to cover bills relating to the
revenue (IV, 3076, 4624, 4625). Likewise, a bill exempting profits
on Treasury bills from taxation (VIII, 2281) and a proposition relating
to the number of internal revenue collectors and collection districts
(VIII, 2233) were held to be privileged under the rule, and if the major
feature of the bill relates to revenue other matters in the bill not relat-
ing to the revenue but incidental to its main purpose do not destroy
the privilege (VIII, 2280). A bill providing for a tariff commission
(IV, 4626), a declaratory resolution on a subject relating to the rev-
enue (IV, 4626, 4627) , a bill extending the time of payment of a debt
incurred by Austria for the purchase of flour from the United States
(VIII, 2278), a bill amending the drug importation act (VIII, 2279);
and a bill permitting the admission under parcel post of cigars and
cigarettes in smaller packages (VIII, 2280) were held not to be within
the privilege. In order to come within the privilege the bill must
show on its face that it relates to the revenue (VIII, 2280).
The right of the Committee on Appropriations to report at any
time is confined strictly to general appropriation bills (IV, 4629-4632;
VIII, 2282-2284) and does not include appropriations for specific
purposes (VIII, 2285) or resolutions extending appropriations (VIII,
2282-2284).
The right of the Committee on Interior and Insular Affairs to report
at any time permits the including of matters necessary to accomplish-
ment of the purposes for which privilege is given (IV, 4633, 4637-
4639; VIII, 2288-2990; May 21, 1958, p. 9216).
Reports from the Committee on House Administration authorizing
appropriations from the Treasury directly for compensation of em-
ployees (IV, 4645) or fixing the salaries of employees are not privileged
(VIII, 2302).
[359]
RULES OP THE HOUSE OF REPRESENTATIVES
§§729-730. Rule XI.
The privilege of the Committee on Public Works is confined to the
improvement of rivers and harbors, and provisions for the improve-
ment of canals or artificial waterways are not privileged (VIII, 2287).
The term "general pension bills" is construed to mean bills or legisla-
tion general in character, such as extending the provisions of the pension
laws to an additional class, as distinguished from bills of a private
character (VIII, 2291, 2292), and was held to include a bin authorizing
monthly payment of pensions in lieu of quarterly payments (VIII,
2291).
22. It shall always be in order to call up for con-
j 729. Privilege of sldcratlon a report from the Committee
reports from on Rules (except it shall not be called
RouTJd011 up for consideration on the same day
limitations thereon. ^ ^ presente(l to ^ HoUSC, UllleSS SO
determined by a vote of not less than two-thirds of
the Members voting, but this provision shall not
apply during the last three days of the session), and,
pending the consideration thereof, the Speaker may
entertain one motion that the House adjourn; but
after the result is announced he shall not entertain
any other dilatory motion until the said report shall
have been fully disposed of. The Committee on
Rules shall not report any rule or order which shall
provide that business under paragraph 7 of rule
XXIV shall be set aside by a vote of less than two-
thirds of the Members present; nor shall it report
any rule or order which shall operate to prevent the
motion to recommit being made as provided in para-
graph 4 of rule XVI.
The Committee on Rules, "by uniform practice of the House,"
§730 exercised the privilege of reporting at any time as
early as 1888. The right to report at any time is
confined to privileged matters (VIII, 2255). This was probably the
survival of a practice which existed as early as 1853 of giving the
privilege of reporting at any time to this committee for a session (IV,
4650). In 1890 the committee was included among the committees
[360]
RULES OP THE HOUSE OF REPRESENTATIVES
Rule XL §§ 731-732.
whose reports were privileged by rule. The present rule was adopted
in 1892 (IV, 4621), amended on March 15, 1909, and the matter in
parentheses was adopted January IS, 1924, p. 1139, 1141,
Although highly privileged, a report from the Committee on Rules
yields to questions of privilege (VIII, 3491), and is not in order after
the House has voted to go into Committee of the Whole (V, 6781).
Also a conference report has precedence of it, even when the yeas and
nays and previous question have been ordered (V, 6449). Formerly
if a report from the Committee on Rules contained substantive propo-
sitions, a separate vote could be had on each proposition (VIII, 2271,
2272, 2274, 3167) ; but these decisions were nullified by the adoption
of the proviso to clause 6 of Rule XVI.
In the later practice it has been held that the question of considera-
tion may not be raised against a report from the
§731. Consideration Committee on Rules (V, 4961-4963; VIII, 2440,
cannot be raised. 2441). The clause forbidding dilatory motions has
been construed strictly (V, 5740-5742), and the motion to commit after
the ordering of the previous question has been excluded in the later
practice (V, 5593-5601; VIII, 2270, 2750), as have appeals and motions
to reconsider (V, 5739).
A motion to recommit a special rule from the Committee on Rules is
not in order (VIII, 2270, 2753).
A special rule providing that a House bill with Senate amendments
shall be taken from the Speaker's table, Senate amendments disagreed
to, conference agreed to, and that the Speaker shall without intervening
motion appoint conferees, is not in violation of clause 22 of Rule
XI, since the motion to recommit may be made on the conference
report (VIII, 2266).
But where the provision of the resolution is to ask for a conference,
giving the Senate the right of first acting on the conference report, and
providing for the appointment of the conferees without intervening
motion, such resolution would be in contravention of the rule because
the Senate might reject the conference report, thereby denying the
minority of the House any opportunity of making a motion to recom-
mit (VIII, 2264).
While the Committee on Rules is forbidden to report special orders
abrogating the Calendar Wednesday Rule or excluding the motion to
recommit after the previous question, a resolution making possible
that ultimate result was held in order (VIII, 2267).
23. The Committee on Rules shall present to the
House reports concerning rules, joint
§732" rules, and order of business, within
three legislative days of the time when ordered
[361]
RULES OF THE HOUSE OF REPRESENTATIVES
§733. Rule XL
reported by the committee. If such rule or order
is not considered immediately, it shall be referred
to the calendar and, if not called up by the
Member making the report within seven legis-
lative days thereafter, any member of the Rules
Committee may call it up as a question of privilege
and the Speaker shall recognize any member of the
Rules Committee seeking recognition for that pur-
pose. If the Committee on Rules shall make an
adverse report on any resolution pending before the
committee, providing for an order of business for the
consideration by the House of any public bill or joint
resolution, on days when it shall be in order to call
up motions to discharge committees it shall be in
order for any Member of the House to call up for
consideration by the House any such adverse report,
and it shall be in, order to move the adoption by the
House of said resolution adversely reported not-
withstanding the adverse report of the Committee
on Rules, and the Speaker shall recognize the
Member seeking recognition for that purpose as a
question of the highest privilege.
This paragraph was adopted January 18, 1924, amended December
8, 1931 (VIII, 2268), January 3, 1949, p. 10, and January 3, 1951, p. 18.
24. The Committee on House Administration shall
§733. Election make final report to the House in all
contests. contested-election cases not later than
six months from the first day of the first regular ses-
sion of the Congress to which the contestee is elected
[362]
KUUES OF THE HOUSE OF KEPKESENTATIVES
Bnle XL § 734.
except in a contest from the Territory of Alaska, in
which case the time shall not exceed nine months.
The wording of this rule was made effective January 2, 1947, as a
part of the Legislative Reorganization Act of 1946 (60 Stat. 812). It
is the same rule as before with the exception that "Committee on House
Administration" has been inserted instead of "Committee on Elec-
tions" (VIII, 2277). The rule was construed to be directory and not
mandatory in that it did not prevent the consideration of an election
contest reported by a Committee after the six months' period had
expired (Speaker Bankhead, August 13, 1937, p. 8845).
25. Each standing committee of the House (other
& 734. committee *h&& *^e Committee on Appropriations)
meetings. shall fix regular weekly, biweekly, or
monthly meeting days for the transaction of business
before the committee, and additional meetings may
be called by the chairman as he may deem necessary
and each such committee shall meet to consider any
bill or resolution pending before it (a) on all regular
meeting days selected by the committee; (b) upon
the call of the chairman of the committee; (c) if the
chairman of the committee, after three days' con-
sideration refuses or fails, upon the request of at
least three members of the committee, to call a
special meeting of the committee within seven calen-
dar days from the date of said request, then upon the
filing with the clerk of the committee of the written
and signed request of a majority of the committee
for a called special meeting of the committee, the
committee shall meet on the day and hour specified
in said written request. It shall be the duty of the
clerk of the committee to notify all members of the
[363]
EULES OF THE HOUSE OF REPRESENTATIVES
§735. Rule XL
committee in. the usual way of such called special
meeting.
This paragraph was adopted December 8, 1931 (VIII, 2208) and
amended January 3, 1953, p. 24. The rule now combines the old rule
and Sec. 133 (a) of the Legislative Reorganization Act of 1946 (60
Stat. 812).
A committee scheduled to meet on stated days, when convened on
such day with a quorum present may proceed to the transaction of
business regardless of the absence of the chairman (VIII, 2213, 2214).
A committee meeting being adjourned by the chairman for lack of a
quorum, a majority of the members of the committee may not, without
the consent of the chairman, call a meeting of the committee on the
same day (VIII, 2213).
26. (a) The rules of the House are the rules of its
committees so far as applicable, except
§735. Rules of , . j? i ,
committee that a motion to recess from day to
Procedure. fay fe ft mo^iOn Of high privilege ]D
committees. Committees may adopt additional rules
not inconsistent therewith.
This paragraph was adopted December 8, 1931 (VIII, 2215) and
amended March 23, 1955, pp. 3569, 3585.
A committee may adopt rules under which it will exercise its functions
(I, 707; III, 1841, 1842; VIII, 2214) and may appoint subcommittees
(VI, 532) which should include majority and minority representation
(IV, 4551) and confer on them powers delegated to the committee
itself (VI, 532) but express authority is given subcommittees by the
House (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548).
(b) Each committee shall keep a complete record
of all committee action. Such record shall include
a record of the votes on any question on which a
record vote is demanded.
This provision from Sec. 133 (b) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules January
3, 1953, p. 24.
(c) All committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
[364]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XL § 735.
congressional office records of the Member serving
as chairman of the committee; and such records shall
be the property of the House and all Members of the
House shall have access to such records. Each com-
mittee is authorized to have printed and bound
testimony and other data presented at hearings held
by the committee.
This provision from Sec. 202 (d) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules Janu-
ary 3, 1953, p. 24.
(d) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly
to the House any measure approved by his committee
and to take or cause to be taken necessary steps to
bring the matter to a vote.
This provision from Sec. 133 (c) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules Janu-
ary 3, 1953, p. 24. It is sufficient authority for the chairman to call
up a bill on Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950,
p. 2162).
(e) No measure or recommendation shall be re-
ported from any committee unless a majority of the
committee were actually present.
This provision from Sec. 133 (d) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24.
The point of order that a bill was reported from a committee without
a formal meeting and a quorum present comes too late if debate has
started on the bill in the House (VIII, 2223; Feb. 24, 1947, p. 1374).
(f) Each committee shall, so far as practicable,
require all witnesses appearing before it to file in
advance written statements of their proposed testi-
[365]
RULES OF THE HOUSE OF REPRESENTATIVES
§736. Hale XI
mony, and to limit their oral presentation to brief
summaries of their argument. The staff of each com-
mittee shall prepare digests of such statements for
the use of committee members.
This provision from Sec. 133 (e) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24.
(g) All hearings conducted by standing committees
or their subcommittees shall be open to the public,
except executive sessions for marking up bills or for
voting or where the committee by a majority vote
orders an executive session.
This provision from Sec. 133 (f) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24
(h) Each committee may fix the number of its
members to constitute a quorum for taking testi-
mony and receiving evidence, which shall be not
less than two.
This paragraph was adopted March. 23, 1955, pp. 3569, 3585.
Alleged perjurious testimony elicited from a witness during a period
when less than a quorum of the committee was in attendance is not
perjury, for under such circumstances the committee is not a "com-
petent tribunal" (Christoffel v. U. S., 338 U. S. 84).
(i) The chairman at an investigative hearing shall
announce in an opening statement the subject of
the investigation.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(j) A copy of the committee rules, if any, and
paragraph 26 of rule XI of the House of Repre-
sentatives shall be made available to the witness.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
[366]
RULES OF THE HOUSE OF REPRESENTATIVES
Hole XL § 735.
(k) Witnesses at investigative hearings may be
accompanied by their own counsel for the purpose
of advising them concerning their constitutional
rights.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(1) The chairman may punish breaches of order
and decorum, and of professional ethics on the
part of counsel, by censure and exclusion from the
hearings; and the committee may cite the offender
to the House for contempt.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(m) If the committee determines that evidence
or testimony at an investigative hearing may tend
to defame, degrade, or incriminate any person, it
shall —
(1) receive such evidence or testimony in
executive session;
(2) afford such person an opportunity vol-
untarily to appear as a witness; and
(3) receive and dispose of requests from
such person to subpena additional witnesses.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(n) Except as provided in paragraph (m), the
chairman shall receive and the committee shall dis-
pose of requests to subpena additional witnesses.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(o) No evidence or testimony taken in executive
session may be released or used in public sessions
without the consent of the committee.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
[367]
RULES OF THE HOUSE OF REPRESENTATIVES
§ 736, 737. Rule XL
(p) In the discretion of the committee, witnesses
may submit brief and pertinent sworn statements in
writing for inclusion in the record. The committee
is the sole judge of the pertinency of testimony and
evidence adduced at its hearing.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
(q) Upon payment of the cost thereof, a witness
may obtain a transcript copy of his testimony given
at a public session or, if given at an executive session,
when authorized by the committee.
This paragraph was adopted March 23, 1955, pp. 3569, 3585.
27. To assist the House in appraising the admin-
§736. Legislative istration of the laws and in developing
^dtM such amendments or related legislation
as it may deem necessary, each standing committee
of the House shall exercise continuous watchfulness
of the execution by the administrative agencies con-
cerned of any laws, the subject matter of which is
within the jurisdiction of such committee; and, for
that purpose, shall study all pertinent reports and
data submitted to the House by the agencies in the
executive branch of the Government.
This provision from Sec. 136 of the Legislative Reorganization Act
of 1946 (60 Stat 812) was made a part of the standing rules January 3,
1953, p. 24.
28 (a). Each standing committee (other than the
§737. committee Committee on Appropriations) is au-
staffs- thorized to appoint by majority vote
of the committee not more than four professional
staff members in addition to the clerical staffs on a
permanent basis without regard to political affilia-
tes]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XL § 737.
tions and solely on the basis of fitness to perform the
duties of the office; and said staff members shall be
assigned to the chairman and ranking minority mem-
ber of such committee as the committee may deem
advisable. Services of professional staff members
may be terminated by majority vote of the com-
mittee. Professional staff members shall not engage
in any work other than committee business and no
other duties may be assigned to them.
This provision from Sec. 202 (a) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules Jan-
uary 3, 1953, p. 24. Additional clerks of committees are authorized
by the Committee on House Administration and agreed to by the
House, and session clerks are assigned to committees by similar action
(IV, 4535).
There is no legal power to fill a vacancy in the clerkship of a com-
mittee after one Congress has expired and before the next House has
been organized (IV, 4539).
An assault upon the clerk of a committee within the walls of the
Capitol was held to be a breach of privilege (LI, 1629) .
The pay of clerks has been the subject of several decisions (IV,
4536-4538).
(b) The clerical staff of each standing committee,
which shall be appointed by a majority vote of the
committee, shall consist of not more than six clerks,
to be attached to the office of the chairman, to the
ranking minority member, and to the professional
staff, as the committee may deem advisable. The
clerical staff shall handle committee correspondence
and stenographic work, both for the committee staff
and for the chairman and ranking minority member
on matters related to committee work.
This provision from Sec. 202 (c) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24.
[369]
RULES OF THE HOUSE OF REPRESENTATIVES
§738. Bute XL
(c) The professional staff members of the standing
committees shall receive annual compensation, to be
fixed by the chairman, ranging from $5,000 to $8,880
and the clerical staff shall receive annual compensa-
tion up to $8,880.
This provision from Sec. 202 (e) of the Legislative Reorganization
Act of 1946, made a part of the standing rules January 3, 1953, p. 24,
was amended on August 5, 1955 (2 U. S. C. 72a (e), and on June 20,
1958, 72Stat. 209).
(d) Subject to appropriations hereby authorized,
the Committee on Appropriations may appoint such
staff, in addition to the clerk thereof and assistants
for the minority, as it by majority vote determines
to be necessary, such personnel, other than minority
assistants, to possess such qualifications as the com-
mittee may prescribe.
This provision from Sec. 202 (b) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24.
(e) No committee shall appoint to its staff any
experts or other personnel detailed or assigned from
any department or agency of the Government, except
with the written permission of the Committee on
House Administration.
This provision from. Sec. 202 (f) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules
January 3, 1953, p. 24.
29. Each committee shall report to the Clerk of
*ke ^ouse wfthin- fifteen days after
December 31 and June 30 of each year
the name, profession, and total salary of each person
employed by such committee or any subcommittee
thereof daring the period covered by such report,
and shall make an accounting of funds made available
to and expended by such committee or subcommittee
[8?0]
RULES OF THE HOUSE OP REPRESENTATIVES
§§739,740.
during such period, and such information when re-
ported shall be published in the Congressional Record.
This provision from Sec. 134 (b) of the Legislative Reorganization
Act of 1946 (60 Stat. 812) was made a part of the standing rules January
3, 1953, p. 24.
30. No committee of the House, except the Com-
5739. committees mittees on Government Operations,
^££±L Rules, m and Un-American Activities,
of House. shall sit, without special leave, while
the House is in session.
This clause had its origin in 1794, Exceptions were inserted for
the Committee on Rules in 1893 (IV, 4546) and for the Committees
on Government Operations and Un-American Activities on January
3, 1953, p. 24. The clause was eliminated from Rule XI in the adoption
of rules for the 80th Congress but remained effective as a part of the
Legislative Reorganization Act of 1946, the applicable provisions of
which were adopted as a part of the rules of the House. The present
form was made a part of the standing rules January 3, 1953, p, 24.
A request that a committee have leave to sit during sessions of the
House has no privileged status in the order of business (IV, 4547).
Leave for a committee to sit during sessions of the House does not
release its members from liability to arrest during a call of the House
(IV, 3020). The Speaker directed a bill stricken from the calendar
where it was shown that the committee reporting it had sat during
the session of the House without permission (Apr. 20, 1934, p. 7057).
XII
DELEGATES AND RESIDENT COMMISSIONER.
The Delegate from Hawaii and the Resident Com-
§740. powers and missioner to the United States from
Puerto Rico shaU be elected to serve as
additional members on the Committees
committee service, on Agriculture, Armed Services, and
Interior and Insular Affairs, and the Delegate from
Alaska shall be elected to serve as an additional
member on the Committees on Agriculture, Armed
Services, Merchant Marine and Fisheries, and In-
[371]
RULES OF THE HOUSE OF REPRESENTATIVES
§ 741. Rule XH-
terior and Insular Affairs; and they shall possess in
such committees the same powers and privileges as
in the House, and may make any motion except to
reconsider.
The first form of this rule was adopted in 1871, and it was perfected
by amendments in 1876, 1880, 1887, 1892 (II, 1297), January 2, 1947
(Legislative Reorganization Act), August 2, 1949, p. 10618, and
February 2, 1951, p. 883.
Delegates are not usually appointed on committees other than those
specified, but there have been instances (II, 1298),
§ 741* and in one case a Delegate was made chairman of a
select committee (II, 1299, 1303). In the later practice Delegates do
not vote in committee (II, 1300, 1301; VI, 243).
The law provides that on the floor of the House a Delegate may
debate (II, 1290), and he may in debate call a Member to order (II,
1295). He may make any motion which a Member may make except
the motion to reconsider (II, 1291, 1292). A Delegate may make a
point of order (VI, 240) . A Delegate has even moved an impeachment
(II, 1303). He may be appointed a teller (II, 1302); but the law for-
bids him to vote (II, 1290) . He has been recognized to object to the
consideration of a bill (VI, 241), and has made reports for committees
(July 1, 1958, p. 12870). The rights and prerogatives of a Delegate in
parliamentary matters are not limited to legislation affecting his own
territory (VI, 240).
The office of Delegate was established by ordinance of the Conti-
nental Congress and confirmed by a law of Congress (I, 400, 421).
The nature of the office has been the subject of much discussion (I,
400, 403, 473); and except as provided by law (I, 431, 526) the quali-
fications of the Delegate have been a subject of much discussion (I,
421, 423, 469, 470, 473). A territory or district must be organized
by law before the House will admit a Delegate (I, 405, 407, 411, 412).
At the organization of the House the Delegates are sworn (I, 400,
401); but the Clerk does not put them on the roll (I, 61, 62). The
privileges of the floor with the right to debate were extended to Resident
Commissioners in the 60th Congress (VI, 244). Prior to the inde-
pendence of the Philippines it was represented in the House by Resi-
dent Commissioners.
A Delegate resigns in a communication addressed to the Speaker (II,
1304). He may be arrested and censured for disorderly conduct (II,
1305), but there has been disagreement as to whether he should be
expelled by a majority or two-thirds vote (I, 469) .
The first form of the rule with reference to the Resident Commis-
sioner was adopted in 1904 (II, 1306). The Act of May 17, 1932,
changed the name of Porto Rico to Puerto Rico (48 U. S. C. 731a).
[372]
RULES OF THE HOUSE OF REPRESENTATIVES
Role HII. § 742.
RULE XIII.
CALENDAES AND REPORTS OF COMMITTEES.
1. There shall be three calendars to which all
§ 742. calendar, for business reported from committees
report, of com- shall be referred, viz.:
mitteea' First. A Calendar of the Committee
of the Whole House on the state of the Union, to
which shall be referred bills raising revenue, gen-
eral appropriation bills, and bills of a public char-
acter directly or indirectly appropriating money or
property.
Second. A House Calendar, to which shall be
referred all bills of a public character not raising
revenue nor directly or indirectly appropriating
money or property.
Third. A Calendar of the Committee of the Whole
House, to which shall be referred all bills of a private
character.
This rule was adopted in 1880 and amended in 1911 (VI, 742); but
as early as 1820 a rule was adopted creating calendars for the Commit-
tees of the Whole. Bills not requiring consideration in Committee of
the Whole were considered when reported, but in 1880 the House
Calendar was created to remedy the delays in making reports caused
by such consideration (IV, 3115). Reference of bills to calendars is
governed by text of bills as referred to committees and amendments
reported by committees are not considered (VIII, 2392) .
A motion to correct an error in referring a bill to the proper calendar
presents a question of privilege (III, 2614, 2615); but a mere clerical
error in the calendar does not give rise to such question (III, 2616).
A bill improperly reported is not entitled to a place on the calendar
(IV, 3117).
A bill on the wrong calendar may be transferred to the proper
calendar as of date of original reference by direction of the Speaker
(VI, 744-748; VII, 859; VIII, 2406; December 7, 1950, p. 16307).
But the speaker has no authority to change calendar reference made
62581°— H, Doc. 459, 86-2 25 [373} .
RULES OP THE HOUSE OF REPRESENTATIVES
5§ 743-745. RuIeXIH.
by the House (VI, 749; VII, 859). Reports from the Court of Claims
do not remain on the calendar from Congress to Congress, even when
a law seems so to provide (IV, 3298-3302) . In determining whether
a bill should be placed on the House or Union Calendar, clause 3 of
Rule XXIII should be consulted.
2. All reports of committees, except as provided
™" clause 21 of Rule XI> together
with the views of the minority, shall
be delivered to the Clerk for printing
and reference to the proper calendar under the direc-
tion of the Speaker, in accordance with the foregoing
clause, and the titles or subject thereof shall be
entered on the Journal and printed in the Record:
§744 Adverse Provided, That bills reported adversely
reports. shall be laid on the table, unless the
committee reporting a bill, at the time, or any
Member within three days thereafter, shall request
its reference to the calendar, when it shall be referred,
as provided in clause 1 of this rule.
The requirement that reports shall be printed does not mean that the
report must be printed before the matter reported is called up for action,
except that printed committee hearings and reports must be available
for Members three calendar days before consideration of general
appropriation bills (§ 848), and the fact that a report was not printed
as originally made to the House does not prevent the consideration of
the matter reported (VIII, 2307).
Unless filed with the report, minority views may be presented only
with the consent of the House (IV, 4600; VIII, 2231). Supplemental
reports may be filed only by consent of the House (VIII, 2248).
3. Whenever a committee reports a bill or a joint
resolution repealing or amending any
statute or part thereof it shall include
in its report or in an accompanying document —
(1) The text of the statute or part thereof which
is proposed to be repealed; and
[374]
ROTJES OP THE HOTTSE OF REPRESENTATIVES
Rule SOI. 5 746.
(2) A comparative print of that part of the bill or
joint resolution making the amendment and of the
statute or part thereof proposed to be amended,
showing by stricken-through type and italics, parallel
columns, or other appropriate typographical devices
the omissions and insertions proposed to be made.
This rule was adopted January 28, 1929 (VIII, 2234), and the section
numbers were changed in the adoption of rules January 3, 1953, p. 24.
In construing the rule requiring reports to show proposed changes in
existing law, the bill as originally introduced governs, and committee
amendments striking out such proposals are not considered (VIII,
2242) . Failure of a committee report to comply with the rule may be
remedied by supplemental report (VIII, 2247), but a supplemental
report may be filed only by consent of the House (VIII, 2248) . Although
a bill propose but one minor and obvious change in existing law, the
failure of the report to indicate the change is hi violation of the rule
(VIII, 2236). The statute proposed to be amended must be quoted
in the report and it is not sufficient that it is incorporated in the bill
(.VIII, 2238) . Under the rule the committee report on a bill amending
existing law by the addition of a proviso should quote in full the sec-
tion immediately preceding the proposed amendment (VIII, 2237).
Bills held to be in violation of the rule are automatically recommitted
to the respective committees reporting them (VIII, 2237, 2245, 2250) .
A bill having been recommitted for failure to conform to the rule,
further proceedings are de novo and the bill must again be considered
and reported by the committee as if no previous report had been made
(VIII, 2249) . Special orders pro viding for consideration of bills, unless
specifically waiving points of order, do not preclude the point of order
that reports on such bills fail to indicate proposed changes in existing
law (VIII, 2245). The rule applies to appropriation bills where such
bills include legislative provisions (VIII, 2241). In order to fall
within the purview of the rule the bill must seek to repeal or amend
specifically an existing law (VIII, 2235, 2239, 2240). The point of
order that a report fails to comply with the rule is properly made when
the bill is called up in the House and comes too late after the House
has resolved into the Committee of the Whole for its consideration
(VIII, 2243-2245).
4. After a bill has been favorably reported and
shall be upon either the House or
Union Calendar any Member may file
with the Clerk a notice that he desires
[375]
RULES OF THE HOUSE OF REPRESENTATIVES
§746. BuleXIIL
such bill placed upon a special calendar to be known
as the "Consent Calendar/' On the first and third
Mondays of each month immediately after the read-
ing of the Journal, the Speaker shall direct the Clerk
to call the bills in numerical order, which have been
for three legislative days upon the "Consent Calen-
dar/' Should objection be made to the consideration
of any bill so called it shall be carried over on the
calendar without prejudice to the next day when the
"Consent Calendar" is again called, and if objected
to by three or more Members it shall immediately be
stricken from the Calendar, and shall not thereafter
during the same session of that Congress be placed
again thereon: Provided, That no bill shall be called
twice on the same legislative day.
This rule was adopted March 15, 1909, amended January 18, 1924;
December 7, 1925; December 8, 1931; April 23, 1932 (VII, 972).
Bills must be on the printed calendar three legislative working days
in order to be eligible for consideration (VII, 992, 994) . One Member
having reserved the right to object to the consideration of a bill, any
Member may object (VII, 999) . Before debate bills can be passed over
on the calendar by unanimous consent but after discussion can not be
passed over (VII, 996). When a House bill is on the Consent Calendar,
by unanimous consent the House committee may be discharged from
the consideration of a Senate bill on the same subject, and the Senate
bill considered in lieu of the House bill (VII, 1004).
When a bill is made a special order (IV, 3216-3224), or when unani-
mous consent is given for its consideration (IV, 4823; VIII, 2393), the
effect is to discharge the Committee of the Whole and bring the bill
before the House itself for its consideration (IV, 3216; VII, 788), and
in such event the bill is considered "in the House as in the Committee
of the Whole" (VIII, 2393). Debate under such procedure may be
had only under the five-minute rule (August 23, 1935, p. 14331;
October 13, 1949, p. 144(52). The status of bills on the Consent
Calendar is not affected by their consideration from another calendar
and such bills may be called up for consideration from the Consent
[376]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XIV. || 747-749.
Calendar while pending as unfinished business in the House or Com-
mittee of the Whole (VII, 1006).
This rule does not preclude the Speaker from recognizing Members
to suspend the rules before completion of the Consent Calendar (De-
cided by House; VIII, 3405; also held by Speaker Clark, Oct. 5, 1914,
p. 16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition
to suspend the rules does not preclude the continuation of the call of
the calendar later in the day (VII, 991). The call of the Consent
Calendar on days devoted to its consideration takes precedence of
the motion to go into the Committee of the Whole to consider revenue
or appropriation bills (VII, 986), and a contested-election case may not
supplant the call of the Calendar (VII, 988) .
5. There shall also be a Calendar of Motions to
§747. Motion to Discharge Committees, as provided in
J^STSLta clause 4 of Rule XXVII.
printed 6. Calendars shall be printed daily.
This rule was adopted in the Sixty-second Congress, April 5, 1911
(VI, 743), and amended December 8, 1931, p. 10, 83.
RULE XIV.
OF DECORUM AND DEBATE.
1. When any Member desires to speak or deliver
§749. obtaining s^ny matter to the House, he shall rise
IndrS^c^^Td6"' and respectfully address himself to
decorum therein. "Mr. Speaker," and, on being recog-
nized, may address the House from any place on the
floor or from the Clerk's desk, and shall confine him-
self to the question under debate, avoiding personality.
This rule was adopted in 1880, but was made up, in its main provi-
sions, from older rules, which dated from 1789 and 1811 (V, 4979).
It is a general rule that a motion must be made before a Member
may proceed in debate (V, 4984, 4985) , and this motion may be required
[377]
RULES OF THE HOUSE OF REPRESENTATIVES
5750. Rule XIV.
to be reduced to writing (V, 4986). The withdrawal of a motion pre-
cludes further debate on it (V, 4989). But sometimes when a com-
munication or a report has been before the House it has been debated
before any specific motion has been made in relation to it (V, 4987,
4988) . In a few cases, such as conference reports and reports from the
Committee of the Whole, the motion to agree is considered as pending
without being offered from the floor (IV, 4896; V, 6517).
In presenting a question of personal privilege the Member is not
required in the first instance to make a motion or offer a resolution, but
such is not the rule in presenting a case involving the privileges of the
House (III, 2546, 2547; VI, 565, 566, 580). Personal explanations
merely are made by unanimous consent (V, 5065) .
A motion must also be stated by the Speaker or read by the Clerk
before debate may begin (V, 4982, 4983, 5304).
A Member having the floor may not be taken off his feet by an
ordinary motion, even the highly privileged motion
§750. intern^- to adjourn (V, 5369, 5370; VIII, 2646). He may
tionofaMember not be deprived of the floor by a parliamentary
in debate. inquiry (VIII, 2455-2458), a question of privilege
(V, 5002; VIII, 2459), a motion that the committee
rise (VIII, 2325), or a demand for the previous question (VIII, 2609),
but he may be interrupted for a conference report (V, 6451 ; VIII, 3294).
It is a custom also for the Speaker to request a Member to yield for
the reception of a message. A Member may yield the floor for a
motion to adjourn or that the Committee of the Whole rise without
losing his right to continue when the subject is again continued (V,
5009-5013). A Member may also resume his seat while a paper is
being read in his time without losing his right to the floor (V, 5015).
A Member who, having the floor, moved the previous question was
permitted to resume the floor on withdrawing the motion (V, 5474).
But a Member may not yield to another Member to offer an amend-
ment without losing the floor (V, 5021, 5030, 5031; VIII, 2476), and a
Member may not offer an amendment in time secured for debate only
(VIII, 2474). A Member desiring to interrupt another in debate
should address the Chair for permission of the Member speaking
(V, 5006; VI, 193), but the latter may exercise his own discretion as
to whether or not he will yield (V, 5007, 5008; VI, 193; VIII, 2463,
2465).
[378]
RTJUES OF THE HOUSE OF REPRESENTATIVES
Rule XIV. §§ 751.753,
The Speaker may of right speak from the Chair on questions of order
§ 751 Speaker in and b° firSt heard (IT» 1367>> but V®h th^ exception
debate. he may speak from the Chair only by leave of the
House and on questions of fact (II, 1367-1372).
On occasions comparatively rare Speakers have called Members to
the Chair and participated in debate, usually without asking consent
of the House (II, 1367, 1368, 1371; III, 1950; V, 6097).
It has always been held, and generally quite strictly, that in the
§752. Member must House the Member must confine himself to the
confine himself to subject under debate (V, 5043-5048; VI, 576;
the subject. vill, 2481, 2534). On a motion to amend the de-
bate is confined to the amendment and may not include the general
merits of the bill (V, 5049-5051).
While the Speakers have entertained appeals from their decisions as
to irrelevancy, they have held that s\ich appeals were not debatable
(V, 5056-5063).
In Committee of the Whole House on the state of the Union during
general debate the Member need not confine himself to the subject
(V, 5233-5238; VIII, 2590); but this privilege does not extend to the
Committee of the Whole House (V, 5239; VIII, 2590). And in all cases
the five-minute debate in Committee of the Whole is confined to the
subject (V, 5240-5256; VIII, 2591), even on pro forma amendments
(VIII, 2591).
^ 2. When two or more Members rise
powder at once, the Speaker shall name the
recognition. Member who is first to speak; * * *
This rule was adopted in 1789 (V, 4978).
In the early history of the House, when business proceeded on presen-
tation by individual Members, the Speaker recognized the Member
who arose first; and in case of doubt there was an appeal from his
recognition (II, 1429-1434). But as the membership and business of
the House increased it became necessary to establish and adhere
to a fixed order of business, and recognitions, instead of pertaining
to the individual Member, necessarily came to pertain to the bill or
other business which would be before the House under the rule regulat-
ing the order of business. Hence the necessity that the Speaker should
not be compelled to heed the claims of Members as individuals was
expressed in 1879 in a report from the Committee on Rules, which
declared that "in the nature of the case discretion must be lodged
with the presiding officer" (II, 1424). And in 1881 the Speaker
[379]
RULES OF THE HOUSE OF REPRESENTATIVES
§ 754. Rule XIV.
declined to entertain an appeal from his decision on a question of
recognition (II, 1425-1428), establishing thereby a practice which
continues (VI, 292; VIII, 2429, 2646, 2762).
Although there is no appeal from the Speaker's recognition, he is not
a free agent in determining who is to have the floor.
§ 754. Speaker IJT^ practice of the House establishes rules from
fn^fi^tio^6 which he may not dePart- When the order of busi-
nreco m . ^^ brings before the House a certain bill he must
first recognize, for motions of its disposition, the Member who repre-
sents the committee which has reported it (II, 1447; VI, 306, 514).
This is not necessarily the chairman of the committee, for a chairman
who, in committee, has opposed the bill, must yield the prior recog-
nition to a member of his committee who has favored the bill (II, 1449).
Usually, however, the chairman has charge of the bill and is entitled
at all stages to prior recognition for allowable motions intended to
expedite it (II, 1452, 1457; VI, 296, 300). This principle does not,
however, apply to the Chairman of the Committee of the Whole (II,
1453). The Member who originally introduces the bill which a com-
mittee reports has no claims to recognition as opposed to the claims of
the members of the committee, but in cases where a proposition is
brought directly before the House by a Member the mover is entitled
to prior recognition for motions and debate (II, 1446, 1454; VI, 302-305,
417; VIII, 2454, 3231). And this principle applies to the makers of
certain motions. Thus, the Member on whose motion the enacting
clause of a bill is stricken out in Committee of the Whole is entitled to
prior recognition when the bill is reported to the House (V, 5337; VIII,
2629), and in a case where a Member raised an objection in the joint
meeting to count the electoral vote the Speaker recognized him first
when the Houses had separated to consider the objection (III, 1956).
But a Member may not, by offering a debatable motion of higher
privilege than the pending motion, deprive the Member in charge of the
bill of possession of the floor for debate (II, 1460-1463; VI, 290, 297-
299; VIII, 2454, 3193, 3197, 3259). The Member in charge of the bill
and having the floor may demand the previous question, although
another Member may propose to offer a motion of higher privilege
(VIII, 2684) ; but the motion of higher privilege must be put before the
previous question (V, 5480; VIII, 2684). The fact that a Member has
the floor on one matter does not necessarily entitle him to prior recogni-
tion on a motion relating to another matter (II, 1464) . It is because the
Speaker is governed by these usages that he often asks, when a Member
seeks recognition, "For what purpose does the gentleman rise?" By
[380]
RULES OP THE HOUSE OF REPRESENTATIVES
Rule XIV. §§ 755-757.
this question he determines whether the Member proposes business or a
motion which is entitled to precedence and he may deny recognition
(VI, 289-291, 293) and from such denial there is no appeal (VI, 292;
VIII, 2429, 2646, 2762).
When an essential motion made by the Member in charge of the bill
is decided adversely the right to prior recognition
§755. Loss of right passes to the Member leading the opposition to the
MlmSrch^e. motion (IT, 1465-1468; VI, 308). The control of the
measure passes under this principle when the House
disagrees to the recommendation of the committee reporting the bill
(II, 1469-1472), when the Committee of the Whole reports a bill
adversely (IV, 4897; VIII, 2430), when the motion for the previous
question is rejected (VI, 308), and in most cases, when the House
disagrees to a conference report (II, 1473-1477; V, 6396) . But the mere
defeat of an amendment proposed by the Member in charge does not
cause right to prior recognition to pass to the opponents (II, 1478,
1479), and the invalidation of a conference report on a point of order,
while equivalent to its rejection by the House, does not give the Member
raising the question of order the right to the floor (VIII, 3284) and
exerts no effect on the right to recognition (VI, 313).
In debate the members of the committee — except the Committee
§756. Prior right of the Whole (II, 1453) — are entitled to priority of
of Members of the recognition for debate (II, 1438, 1448; VI, 306, 307),
committee to recog- but a motion to lay a proposition on the table is in
nition for debate. order before the Member entitled to prior recogni-
tion for debate has begun his remarks (V, 5391-5395; VI, 412; VIII,
2649, 2650).
In recognizing for general debate the Chair alternates between those
favoring and those opposing the pending matter, preferring members
of the committee reporting the bill (II, 1439-1444). When a member
of the committee has occupied the floor in favor of a measure a Member
opposing should be recognized next, even though he be not a member
of the committee (II, 1445). The principle of alternation is not in-
sisted on rigidly where a limited time is controlled by Members, as in
the "forty minutes" of debate on motions for suspension of the rules
and the previous question (II, 1442).
As to motions to suspend the rules, which are in order on two days
§757 Exce tions eacl1 montll> ^e Speaker exercises a discretion to
to the usages* n decline to recognize (V, 6791-6794, 6845; VIII,
constraining the 3402-3404). He also may decline to recognize a
Speakers to Member who desires to ask unanimous consent to
recognitions. &e^ aside the rules in order to consider a bill not other-
[3811
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 758, 760. Rul* XIV,
wise in order, this being the way of signifying his objection to the
request. But this authority does not extend to proceedings under
Rule XIII. cl. 4.
2. * * * and no Member shall occupy more
§758. The hour than one hour in debate on any ques-
ruie in debate. t£on ^ ^e House or in committee,
except as further provided in this rule.
This rule dates from 1841, when the increase of membership had
made it necessary to prevent the making of long speeches which some-
times occupied three or four hours each (V, 4978) .
It applies to debate on a question of privilege, as well as to debate
on other questions (V, 4990; VIII, 2448); and when the time of debate
has been placed within the control of those representing the two sides
of a question it must be assigned to Members in accordance with this
rule (V, 5004, 5005; VIII, 2462).
3. The Member reporting the measure under con-
sideration from a committee may open
§759. The opening 1 j i 1 T
and dosing of and close, where general debate has
debate. been had thereon; and if it shall ex-
tend beyond one day, he shall be entitled to one hour
to close, notwithstanding he may have used an hour
in opening.
This rule was adopted in 1847 and perfected in 1880 (V, 4996) .
In the later practice this right to close may not be exercised after the
previous question is ordered (V, 4997-5000).
4. If any Member, in speaking or otherwise, trans-
§ TGO. The cau gress the rules of the House, the Speaker
to order. shall, or any Member may, call him to
order; in which case he shall immediately sit down,
unless permitted, on motion of another Member, to
explain, and the House shall, if appealed to, decide
on the case without debate; if the decision is in favor
[382]
RULES OF THE HOUSE OF HEPRESEOTATTVES
Rule XIV. § 761.
of the Member called to order, he shall be at liberty
to proceed, but not otherwise; and, if the case require
it, he shall be liable to censure or such punishment as
the House may deem proper.
This rule was adopted in 1789, and amended in 1822 and 1880
(V, 5175).
Members transgressing the rules shall be called to order by the
Speaker (VIII, 2481, 2521, 3479) or any Member (§ 760; II, 1344; V,
5154, 5161-5163, 5175, 5192); but except for naming him the Speaker
may not otherwise censure or punish him (II, 1345; VI, 237). A
Delegate may call a Member to order (II, 1295).
When a Member is called to order under this rule it is the practice
to test the opinion of the House by a motion "that the gentleman be
allowed to proceed in order" (V, 5188, 5189; VIII, 2534;; but a motion
that the Member be permitted to explain has been held to have
precedence, even in a case where the words have been taken down
(V, 5187). A Member called to order and held to be out of order
loses the floor (V, 5196-5199) and may not proceed, even on yielded
tune (V, 5147), but this does not prevent the offending Member from
exercising his right to vote or to demand the yeas and nays (VIII, 2546) .
The House has censured Members for disorderly words (II, 1253,
1254, 1259, 1305; VI, 236).
The display of exhibits, demonstrations, or other unusual adjuncts
to debate by way of illustration is subject to the will of the House and
any Member may object (VIII, 2452), and where objection is made the
question is put to the House without debate (June 21, 1937, p. 6104).
5. If a Member is called to order for words spoken
§76i. words *& debate, the Member calling him to
taken down. order shall indicate the words excepted
to, and they shall be taken down in writing at the
Clerk's desk and read aloud to the House; but he
shall not be held to answer, nor be subject to the
censure of the House therefor, if further debate or
other business has intervened.
[383]
ROTES OF THE HOUSE OF REPRESENTATIVES
§761. Rule XIV.
This rule was adopted in 1837, with amendment in 1880. But in 1808
the practice of writing down objectionable words had been established,
and the rule was adopted to prevent the taking down of words after
intervening business (V, 5177; VIII, 2536), but a Member on his feet
and requesting recognition at the time, was recognized to demand that
words be taken down, although brief debate had intervened, and a
request that a Member uttering objectionable words yield does not
forfeit the right to demand that the words be taken down (VIII, 2528).
The words having been read from the desk, the Chair decides whether
they are in order (II, 1249; V, 5163, 5169, 5187), and from his decision
there is no appeal (V, 6944) . When a Member denies that the words
taken down are the exact words used by himself, the question as to the
words is put to the House for decision (V, 5179, 5180). After the
Speaker has decided that words taken down are out of order, a motion
that the Member be permitted to explain is in order before the motion
that he be permitted to proceed is in order (V, 5187).
When the disorderly words are spoken in the Committee of the
Whole, they are taken down as in the House and read at the Clerk's
desk, and the Committee rises automatically (VIII, 2533, 2538, 2539)
and reports them to the House (II, 1257-1259, 1348). Action in the
House on words taken down and reported from Committee of the
Whole is limited to the words reported (VIII, 2528) ; and it is not in
order as a question of privilege in the House to propose censure of a
Member for disorderly words spoken in Committee of the Whole but
not taken down or reported therefrom (V, 5202). Words so taken
down may be withdrawn only by unanimous consent (VIII, 2528, 2538,
2540, 2543, 2544). Consideration of words reported to the House from
Committee of the Whole having been disposed of, either by decision of
the Speaker holding them in order or by action of the House if held
unparliamentary, the Committee resumes its sitting without motion
(VIII, 2539, 2541).
In certain exceptional cases, as when disorderly words are part of an
occurrence constituting a breach of privilege (II, 1657), or when a
Member's language has been investigated by a committee (II, 1655),
or when he has reiterated on the floor certain published charges (III,
2637), or when he has uttered words alleged to be treasonable (II, 1252),
the House has proceeded to censure or other action although business
may have intervened.
[384]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XIV. §§ 762f 763.
6. No Member shall speak more than once to the
§762. Member to same question without leave of the
^T^^ir* House, unless he be the mover, pro-
question, poser, or introducer of the matter
pending, in which case he shall be permitted to
speak in reply, but not until every Member choosing
to speak shall have spoken.
This rule was adopted in 1789, and amended in 1840 (V, 4991).
A Member who has spoken once to the main question may speak
again to an amendment (V, 4993, 4994). It is too late to make the
point that a Member has spoken already if no one claims the floor until
he has made some progress in his speech (V, 4992). The right to close
may not be exercised after the previous question has been ordered
(V, 4997-5000). The right to close does not belong to a Member who
has merely moved to reconsider the vote on a bill which he did not
report (V, 4995) . The right of a contestant in an election case to close
when he is permitted to speak in the contest has been a matter of
discussion (V, 5001).
7. While the Speaker is putting a question or
addressing the House no Member shall
§ 763. Decorum of °
Members in the walk out of or across tne nail, nor,
HaU" when a Member is speaking, pass be-
tween him and the Chair; and during the session
of the House no Member shall wear his hat, or
remain by the Clerk's desk during the call of the
roll or the counting of ballots, or smoke upon the
floor of the House; and the Sergeant-at-Arms and
Doorkeeper are charged with the strict enforcement
of this clause. Neither shall any person be allowed
to smoke upon the floor of the House at any time.
[385]
RULES OP THE HOUSE OF REPRESENTATIVES
§§764. 765. Rule XV.
This rule is made up of provisions adopted in 1789, 1837, 1871, and
1896. Originally Members wore their hats during sessions, as in
Parliament, and the custom was not abolished until 1837 (II, 1136).
8. It shall not be in order for any Member to intro-
duce to or to bring to the attention of the
§764. Gallery . . .
occupants not to be House during its sessions any occupant
minced. ^ the gaUeries of tke House; nor may
the Speaker entertain a request for the suspension
of this rule by unanimous consent or otherwise.
This rule was adopted April 10, 1933 (VI, 197).
RULE XV.
ON CALLS OF THE ROLL AND HOUSE.
1. Upon every roll call the names of the Members
shall be called alphabetically by sur-
§ 765. Call of the
roii for the name, except when two or more have
same surname, in which case the
name of the State shall be added; and if there be two
such Members from the same State, the whole name
shall be called, and after the roll has been once called,
the Clerk shall call in their alphabetical order the
names of those not voting; and thereafter the Speaker
shall not entertain a request to record a vote or an-
nounce a pair unless the Member's name has been
noted under clause 3 of this rule.
The first form of this rule was adopted in 1789, and amendments were
added in 1870, 1880, and 1890 (V, 6046).
The names of Members who have not been sworn are not entered on
the roll from which the yeas and nays are called for entry on the Journal
(V, 6048; VI, 638; VIII, 3122).
[386]
RULES OF TEDS HOUSE OF REPRESENTATIVES
Rule XV. $765.
Commencing in 1879 the Clerk, in calling the roll, called Members
by the surnames with the prefix "Mr." instead of calling the full names
(V, 6047), but since the Sixty-second Congress the practice has been
discontinued in the interest of brevity (VIII, 3121). The Speaker's
name is not on the voting roll and is not ordinarily called (V, 5970).
When he votes his name is called at the close of the roll (V, 5965).
In case of a tie which is revealed by a correction of the roll, he has
voted after intervening business or even on another day (V, 5969,
6061-6063; VIII, 3075). Where the Speaker through an error of the
Clerk in reporting the yeas and nays announces a result different from
that actually had, the status of the question is governed by the vote
as recorded and subsequent announcement by the Speaker of the
changed result is authoritative, or he may entertain a motion for cor-
rection of the Journal in accordance with the vote as finally ascer-
tained (VIII, 3162).
A Member who has failed to respond when his name was called may
not as a constitutional right demand that his vote be recorded before
the announcement of the result (V, 6066-6068), even if he has refrained
from voting because of a misunderstanding as to a pair (V, 6081; VIII,
3069), or because his attention was distracted when his name was
called (V, 6070) . But when a Member declares that he was listening
when his name should have been called and failed to hear it, he is
permitted to record his vote (V, 6071, 6072). In order to qualify to
vote the Member must have been within the Hall (VIII, 3144), and
listening (VIII, 3147-3150) when his name was called, and it is the
duty of the Speaker to qualify a Member asking to vote at the end of
the roll, but it is for the Member and not the Speaker to determine
whether he was in the Hall and listening when his name was called,
and unless he answers categorically in the affirmative he may not vote
(VIII, 3139-3142). Failure of the signal bells to announce a vote does
not warrant repetition of the roll call (VIII, 3153-3155, 3157), and the
Speaker does not take that fact into consideration in qualifying Mem-
bers to vote after their names have been passed (VIII, 3156). The
Speaker may not permit a Member to answer "present" at the con-
clusion of a roll call (V, 6069; VIII, 3146), unless there be a question as
to a quorum. Either before announcement of the result (V, 6064) or
after such announcement (VIII, 3125), the Speaker may order the vote
recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change
his vote on recapitulation if the result has been announced (VIII, 3124),
but errors in the record of such votes may be corrected (VIII, 3125).
A motion that a vote be recapitulated is not privileged (VIII, 3126).
[387]
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 766-768. Rule XV.
Before the result of a vote has been finally and conclusively pro-
nounced by the Chair, but not thereafter, a Mem-
§ 766. Changes .and ^ may change UQ yote (y> 593^593^
correction . ^ and a Member who
has answered "present" may change it to "yea" or "nay" (V, 6060).
But a vote given by a Member may not be withdrawn without leave
of the House (V, 5930).
When a vote actually given fails to be recorded (V, 6061-6063) the
Member may, before the approval of the Journal, demand as a matter
of right that correction be made (V, 5969; VIII, 3143). But state-
ments of other members as to alleged errors in a recorded vote must
be very definite and positive to justify the Speaker in ordering a
change of the roll (V, 6064, 6099).
When once begun the roll call may not be interrupted even by a
motion to adjourn (V, 6053; VIII, 3133), a parlia-
§f?th *!f™?tions mentary inquiry (VIII, 3132) , a question of personal
° ' privilege (V, 6058, 6059; VI, 554, 564), the arrival of
the time fixed for another order of business (V, 6056) or for a recess
(V, 6054, 6055; VIII, 3133), or the presentation of a conference report
(V, 6443) . But it is interrupted for the reception of messages and by
the arrival of the hour fixed for adjournment sine die (V, 6715-6718).
Incidental questions arising during the roll call, such as the refusal of a
Member to vote (V, 5946-5948), are considered after the completion
of the call and before the announcement of the vote (V, 6059). The
rules do not preclude a Member from announcing after a record vote
on which he failed to answer, how he would have voted if present
(Speaker ftayburn, June 27, 1957, p. 10521; contra VIII, 3151), but
neither the rules nor the practice permit a Member to announce
after a record vote how absent colleagues would have voted if present
(VI, 200; April 3, 1933, p. 1139; April 28, 1933, p. 2587; May 20,
1933, p. 3834; March 16, 1934, p. 4691, 4700; April 14, 1937, p. 3489,
3490; April 15, 1937, p. 3563).
2. In the absence of a quorum, fifteen Members,
§768. The can of Deluding the Speaker, if there is one,
the House m the shall be authorized to compel the at-
tendance of absent Members, and in all
calls of the House the doors shall be closed, the names
of the Members shall be called by the Clerk, and the
absentees noted; and those for whom no sufficient
[388]
RTJLES OF THE HOUSE OF EEPRESENTATTVES
Rule XV. §769.
excuse is made may, by order of a majority of those
present, be sent for and arrested, wherever they may
be found, by officers to be appointed by the Sergeant-
at-Arms for that purpose, and their attendance se-
cured and retained; and the House shall determine
upon what condition they shall be discharged. Mem-
bers who voluntarily appear shall, unless the House
otherwise direct, be immediately admitted to the
Hall of the House, and they shall report their names
to the Clerk to be entered upon the Journal as present.
The essential portions of this rule were adopted in 1789 and 1795,
with minor amendments in 1888 and 1890 (IV, 2982). In times of
obstruction it has not been found wholly efficient, and for most cases
is superseded by clause 4 of this rule.
Under this rule a call may not be ordered by less than 15, and with-
out that number present the motion for a call is not
§ 769. Ordering entertained (IV, 2983). It must be ordered by
and conducting majority vote, and a minority of 15 or more favoring
the call. a call on such vote is not sufficient (IV, 2984). A
quorum not being present no motion is in order
but for a call of the House or to adjourn (IV, 2950, 2988; VI, 680), and
at this stage the motion to adjourn has precedence over the motion
for a call of the House (VIII, 2642).
On the roll call the names of Members are called alphabetically by
surname (V, 6046) . This roll call may not be interrupted by a motion
to dispense with further proceedings under the call (IV, 2992), and a
recapitulation of the names of those who appear after their names have
been called may not be demanded (IV, 2993). But during proceedings
under the call the roll may be ordered to be called again by those
present (IV, 2991).
During a call less than a quorum may revoke leaves of absence (IV,
3003, 3004) and excuse a Member from attendance (IV, 3000, 3001),
but they may not grant leaves of absence (IV, 3002) . The roll is some-
times called for excuses, and motions to excuse are in order during this
call (IV, 2997), but neither the motion to excuse nor an incidental ap-
peal are debatable (IV, 2999). After the roll has been called for
excuses and the House has ordered the arrest of those who are unex-
62581°— H. Doc. 459, 86-2 26 [389]
RULES OF THE HOUSE OF REPRESENTATIVES
§§ 770,771. Rule XV.
cused, a motion to excuse an absentee is in order when he is brought to
the bar (IV, 3012).
An order of arrest for absent Members may be made after a single
calling of the roll (IV, 3015, 3016), and a warrant
§ 770. Arrest of issues on direction of those present, such motion
Members. having precedence of a motion to dispense with pro-
ceedings under the call (IV, 3036). The Sergeant-at-Arms is required
to arrest Members wherever they may be found (IV, 3017), and leave
for a committee to sit during sessions does not release its Members
from liability to arrest (IV, 3020). A motion to require the Sergeant-
at-Arms to report progress in securing a quorum is in order during a
call of the House (VI, 687). A Member who appears and answers is
not subject to arrest (IV, 3019), and in a case where a Member com-
plained of wrongful arrest the House ordered the Sergeant-at-Arms
to investigate and amend the return of his warrant (IV, 3021). A
Member once arrested having escaped it was held that he might not be
brought back on the same warrant (IV, 3022) .
The former practice of presenting Members at the bar during a call
of, the House (IV, 3030-3035) is obsolete, and Members now report
to the Clerk and are recorded without being formally excused unless
brought in under compulsion (VI, 684). Those present on a call
may prescribe a fine as a condition of discharge, and the House has
by resolution revoked all leaves of absence and directed the Sergeant-
at-Arms to deduct from the salary of Members compensation for days
absent without leave (VI, 30, 198), but this penalty has been of rare
occurrence (IV, 3013, 3014, 3025). Form of resolution for the arrest
of Members absent without leave (VI, 686) .
A call of the House is ended by adoption of a motion "to dispense
with further proceedings under the call" (IV, 3036-3040). This
motion is not entertained until a quorum responds on the call, but it
has been held that after a quorum responds the motion may be agreed
to by a vote of less than a quorum (IV, 3038, 3040; VI, 689). How-
ever, such motion is not in order pending a motion for arrest (IV,
3029, 3037).
During the call, which in later practice has been invoked only in
absence of a quorum, incidental motions may be
durtaff a^r agreed to by less ttLan a quorum (IV, 2994, 3029;
VI, 681). This includes motions for the previous
question (V, 5458), to reconsider and to lay the motion to reconsider
on the table (V, 5607, 5608), to adjourn, which is in order even in the
midst of the call of the roll for excuses (IV, 2998), and an appeal from
a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays
[390]
RULES OF THE HOUSE OP REPRESENTATIVES
Rule XV. |J 772, 778.
may also be ordered (IV, 3010), but a question of privilege may not
be raised unless it be something connected immediately with the pro-
ceedings (III, 2545). Motions not strictly incidental to the call are
not admitted, as for a recess (IV, 2995, 2996), to excuse a Member
from voting even when otherwise in order (IV, 3007), to enforce the
statute relating to deductions of pay of Members for absence (IV,
3011; VI, 682), to construe a rule or make a new rule (IV, 3008), or to
order a change of a Journal record (IV, 3009) . A motion for a call of
the House is not debatable (VI, 683, 688).
3. On the demand of any Member, or at the sug-
gestion of the Speaker, the names of
§ 772. Count of zr .
those not voting Members sufficient to make a quorum
in the Hall of the House who do not
cal1- vote shall be noted by the Clerk and
recorded in the Journal, and reported to the Speaker
with the names of the Members voting, and be
counted and announced in determining the presence
of a quorum to do business.
This rule was adopted hi 1890 (IV, 2905), but it merely put in form of
rule a principle already established by a decision of the Chair (IV, 2895).
It was much in use in the first years after its adoption (III, 2620; IV,
2905-2907) ,* but with the decline of obstruction in the House and the
adoption of clause 4 of this rule the necessity for its use has disappeared
to a large extent, and the Speaker may direct the Clerk to note names
of Members under this rule even on vote for which a quorum is not
necessary (VIII, 3152).
4. Whenever a quorum fails to vote on any ques-
tion, and a quorum is not present and
§773. The call of , . ,. . -, * ^ , i
the House in the objection is made for that cause, unless
new form. ^ House shall adjourn there shall be a
call of the House, and the Sergeant-at-Arms shall
forthwith proceed to bring in absent Members, and
the yeas and nays on the pending question shall at the
[391]
RULES OF THE HOTTSE OF REPRESENTATIVES
§773. Rule XV.
same time be considered as ordered. The Clerk shall
call the roll, and each Member as he answers to his
name may vote on the pending question, and, after
the roll call is completed, each Member arrested shall
be brought by the Sergeant-at-Arms before the
House, whereupon he shall be noted as present, dis-
charged from arrest, and given an opportunity to
vote and his vote shall be recorded. If those voting
on the question and those who are present and
decline to vote shall together make a majority of the
House, the Speaker shall declare that a quorum is
constituted, and the pending question shall be
decided as the majority of those voting shall appear.
And thereupon further proceedings under the call
shall be considered as dispensed with. At any time
after the roll call has been completed, the Speaker
may entertain a motion to adjourn, if seconded by a
majority of those present, to be ascertained by actual
count by the Speaker; and if the House adjourns, all
proceedings under this section shall be vacated.
This rule was adopted in 1896 (IV, 3041; VI, 690).
It applies only to votes wherein a quorum is required, and hence
does not apply to an affirmative vote on a motion to adjourn (July 25,
1949, p. 10092), or motions incidental to a call of the House which
may be agreed to by less than a quorum (IV, 2994, 3029; VI, 681), or
to a call when there is no question pending (IV, 2990). While a
quorum is not required to adjourn a point of no quorum on a negative
vote on adjournment, if sustained, precipitates a call of the House
under the rule (VI, 700; June 4, 1951, p. 6097, 6098; June 15, 1951,
p. 6621).
[392]
RULES OF THE HOUSE OF EEPEESENTATIVES
Rule XVI. §§774.775.
Under this rule the roll is called over twice, and those appearing
after their names are called may vote (IV, 3052).
5?n?HCt°f A m<rtion to adjourn may be made before the call
beSins (IV> 305°)- After the roll has been called,
and while the proceedings to obtain a quorum are
going on, motions to excuse Members are in order (IV, 3051). The
Sergeant-at-Arms is required to detain those who are present and bring
in absentees (IV, 3045-3048), and he does this without the authority
of a resolution adopted by those present (IV, 3049). There is doubt
as to whether or not a warrant is necessary but it is customary for the
Speaker to issue one on the authority of the rule (IV, 3043; VI, 702).
When arrested, Members are arraigned at the bar, and either vote or
are noted as present, after which they are discharged (IV, 3044).
When a quorum fails to vote on a yea-and-nay vote on a motion which
requires a quorum to be present, and a quorum is not present, the Chair
takes notice of the fact, and unless the House adjourns, a call of the
House is ordered by the Chair under this rule, and the vote is taken on
the question de novo (IV, 3045, 3052; VI, 679). An automatic roll
call results under this rule when the objection that a quorum is not
present and voting is made after a viva voce vote (VI, 697) .
RULE XVI.
ON MOTIONS, THEIR PRECEDENCE, ETC.
1. Every motion made to the House and enter-
§775. Motions tamed by the Speaker shall be reduced
*° writing on the demand of any Mem-
ker^ and shall be entered on the Journal
with the name of the Member making it, unless it is
withdrawn the same day.
This rule was made up in 1880 of old rules adopted in 1789 and
1806 (V, 5300).
Because of this rule it has been held not in order to amend or strike
out a Journal entry setting forth a motion exactly as made (IV, 2783,
2789). A motion not entertained is not entered on the Journal (IV,
2813, 2844r-2S46).
[393]
RULES OF THE HOUSE OF REPRESENTATIVES
§5776.777. RnIeXVL
2. When a motion has been made, the Speaker
shall state it or (if it be in writing)
§776. Statin* and ^ &/
withdrawing of cause it to be read aloud by the Clerk
motions. before being debated, and it shall then
be in possession of the House, but may be withdrawn
at any time before a decision or amendment.
The provisions of this rule were adopted first in 1789. At that time
a second was required for every motion, but in practice this require-
ment became obsolete very early, and it was dropped from the rule
in 1880 (V, 5304).
The House always insists that the motion shall be stated or read
before debate shall begin (V, 4983). It is the duty of the Speaker to
put a motion in order under the rules and practice without passing on
its constitutional effect (IV, 3550; VIII, 2225, 3031, 3071, 3427).
In a case wherein a clerk presiding during organization of the House
declined to put a question, a Member-elect put the question from the
floor (I, 67).
Under certain circumstances, a Member may make a double motion
(V, 5637).
Even after the affirmative side has been taken on a division the with-
drawal of a motion has been permitted (V, 5348),
pointment of tellers (V, 5349). While the House
was dividing on a second of the previous question
(this second is no longer required) on a motion to refer a resolution,
the Member was permitted to withdraw the resolution (V, 5350) ; also
a motion was once withdrawn after the previous question had been
ordered on an appeal from a decision on a point of order as to the
motion (V, 5356). A motion to suspend the rules may be withdrawn
at any time before a second is ordered (V, 6844; VIII, 3405, 3419), even
on another suspension day (V, 6844) but not after a second is ordered,
except by unanimous consent (VIII, 3420). A motion may be with-
drawn although an amendment may have been offered and be pending
(V, 5347; VI, 373; VIII, 2639), and in the House an amendment,
whether simple or in the nature of a substitute, may be withdrawn
at any time before amendment or decision is had thereon (VI, 587; VIII,
2332, 2764); but the rule is otherwise in Committee of the Whole (V,
5221, 5753; VI, 570; VIII, 2465, 2859, 3405).
[394]
RUIjES OP THE HOUSE OF REPRESENTATIVES
Bale XVI. §§778,779.
A "decision" which prevents withdrawal may consist of the ordering
of the yeas and nays (V, 5353), either directly on the motion or on a
motion to lay it on the table (V, 5354), the ordering of the previous
question (V, 5355), or the demand therefor (V, £489), or the refusal to
lay on the table (V, 5351, 5352; VIII, 2640).
A Member having the right to withdraw a motion before a decision
thereon has the resulting power to modify the motion (V, 5358). A
motion being withdrawn, all proceedings on an appeal arising from a
point of order related to it fell thereby (V, 5356).
3. When any motion or proposition is made, the
question, Will the House now consider
questioner it? shall not be put unless demanded
~— -*- by a Member.
The question of consideration is an outgrowth of the practice of the
House, and was in use as early as 1808, The rule was adopted in 1817
in order to limit its use. It is the means by which the House protects
itself from business which it does not wish to consider (V, 4936; VIII,
2436). The refusal to consider does not amount to the rejection of
a bill or prevent its being brought before the House again (V, 4940),
and an affirmative vote does not prevent the question of consideration
from being raised on a subsequent day when the bill is again called
up as unfinished business (VIII, 2438). It has once been held that a
question of privilege which the House has refused to consider may be
brought up again on the same day (V, 4942). The question of con-
sideration is not debatable (VIII, 2447).
A Member may demand the question of consideration, although the
Member in charge of the bill may claim the floor for
§779. Raising the debate (V, 4944, 4945; VI, 404); but after debate
consideration. k*8 begun the demand may not be made (V, 4937-
4939). It has been admitted, however, after the
making of a motion to lay on the table (V, 4943). The demand for
the question of consideration may not be prevented by a motion for
the previous question (V, 5478), but after the previous question is
ordered it may not be demanded (V, 4965, 4966), even on another
day, unless other business has intervened (V, 4967, 4968). The
question of consideration being pending, a motion to refer is not in
order (V, 5554).
The intervention of an adjournment does not destroy the right to
raise the question of consideration (V, 4946), but this right did not hold
[395]
EUUSS OF THE HOUSE OF REPRESENTATIVES
§§ 780, 781. B*le XVI.
good in a case where the yeas and nays had been ordered and the
House had adjourned pending the failure of a quorum on the roll call
(V, 4949). A question of consideration undisposed of at an adjourn-
ment does not recur as unfinished business on a succeeding day (V,
4947, 4948) . It is not in order to reconsider the vote whereby the House
refuses to consider a bill (V, 5826, 5627).
The question of consideration may be demanded against a matter of
§780. Questions tile ^ig1168* privilege, such as the right of a Member
subject to the to his seat (V, 4941), a question involving the privi-
questionof lege of the House (VI, 560), against the motion to
consideration. reconsider (VIII, 2437), but not against a bill re-
turned with the President's objections (V, 4960, 4970). It may not
be raised against a proposition before the House for reference merely,
as a petition (V, 4964). It may not be demanded against a class of
business in order under a special order or rule, but may be demanded
against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may
be raised against a bill which has been made a special order (IV,
3175; V, 4953-^957), unless the order provides for immediate consider-
ation (V, 4960) , and it may be raised against a bill on the Union Cal-
endar on Calendar Wednesday before resolving into the Committee of
the Whole even after one Wednesday has been devoted to it (VIII,
24470 j but it may not be raised against a report from the Committee
on Rules relating to the order of considering individual bills (V, 4961-
4963; VIII, 2440, 2441).
The question of consideration may not be raised on a motion relating
to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958,
p. 9216) ; to a motion to discharge a committee (V, 4977) ; or against a
motion to take from the Speaker's table Senate bills substantially the
same as House bills already favorably reported and on the House
Calendar (VIII, 2443). On a motion to go into Committee of the
Whole to consider a bill the House expresses its wish as to consideration
by its vote on this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21,
1958, p. 9216).
A point of order which, if sustained, might prevent the consideration
§ 781. Relation of °* a ^^ should be made and decided before the
question of question of consideration is put (V, 4950, 4951;
consideration to VIII, 2439), but if the point relates merely to the
points of order. manner of considering, it should be passed on after-
wards (V, 4950). In general, after the House has decided to consider^
a point of order raised with the object of preventing consideration, in
whole or part, comes too late (IV, 4598; V, 4952, 6912-6914).
[396]
RULES OF THE HOUSE OF REPRESENTATIVES
Rule XVI, $§ 782, 783.
4. When a question is under debate, no motion
shall be received but to adjourn, to lay
§782. Precedence .J , .
ofpnvfleged on the table, ior the previous question
motions. (which motions shall be decided with-
out debate), to postpone to a day certain, to refer, or
to amend, or postpone indefinitely; which several
motions shall have precedence in the foregoing order;
and no motion to postpone to a day certain, to refer,
or to postpone indefinitely, being decided, shall be
again allowed on the same day at the same stage of
the question. After the previous question shall have
been ordered on the passage of a bill or joint resolu-
tion one motion to recommit shall be in order, and
the Speaker shall give preference in recognition for
such purpose to a Member who is opposed to the bill
or joint resolution.
The first form of this rule appears in 1789; but amendments have
been made at various times (V, 5301), including one on March 15, 1909
(VIII, 2757).
Its application is confined to cases wherein a question is "under
debate" (V, 5379). It has been held that a question ceases to be
"under debate" after the previous question has been demanded (V,
5419). But with the exception of the motion to adjourn it is obvious
that the motions specified in this rule can only be used when some
question is " under debate."
The motion to adjourn not only has the highest precedence when a
question is under debate, but, with certain restric-
tl°n tions' li has the hiShest Privilege under all other
conditions. Even questions of privilege (III, 2521),
such as a motion privileged under the Constitution (VIII, 2641) and
the motion to reconsider yield to it (V, 5605), and a conference report
may defer it only until the report is before the House (V, 6451-6453).
The motion may be made after the yeas and nays are ordered and
before the roll call has begun (V, 5366), before the reading of the
[397]
RULES OF THE HOUSE OF REPRESENTATIVES
§5784,785.
Journal (IV, 2757), or when the Speaker is absent and the Clerk is
presiding (I, 228), and in the absence of a quorum has precedence over
the motion for a call of the House (VIII, 2642) , and takes priority of a
motion to dispense with further proceedings under the call (VIII, 2643).
But the motion to adjourn may not interrupt a Member who has the
floor (V, 5369, 5370; VIII, 2646), or a call of the yeas and nays (V,
6053), or the actual act of voting by other means (V, 5360), or be
made after the House has voted to go into Committee of the Whole
(IV, 4728; V, 5367, 5368), or defer the right of a Member to take the
oath (I, 622) ; and when no question 
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